Here are the case details (of my friend).
Used Labor substitution. (PD: Aug2000/EB3) and filed concurrently for I140/485 in mid 2005.
On the I140, an NOID was issued. And, my friend has been told NOW, by the employer, that there was an approved 140 (for an ex-employee) that they had to revoke before substituting the labor.
Relevant dates are as below:
Employer sent a request (in 2004) to revoke an approved I140 (approved in 2002) that was originally intended for a different Employee as the Employee left the company. The previous Employee has the 485 pending for more than 180 days. But, from what the Employer says, the previous Employee was to leave for India for good (personal reasons) so had no intention of using AC21.
NOID on I140 cites the reason below:
‘We couldn’t process this case any further since the previous application was already approved as we didn't have a record of any revocation request'.
The Employer has a proof (acknowledgement) of the revocation request. It has been used to file the MTR and waiting to hear back.
What do you think will happen? If they were to approve my friend’s case, will they have to cancel the approved green card (for the other person) or can both cases be approved?
As you can see, this is not an AC21 issue. USCIS overlooked/misplaced employer’s request to revoke the prior approved 140 and approved the associated 485.
Please share your opinions or any similar experiences. Thank you, in advance.
Used Labor substitution. (PD: Aug2000/EB3) and filed concurrently for I140/485 in mid 2005.
On the I140, an NOID was issued. And, my friend has been told NOW, by the employer, that there was an approved 140 (for an ex-employee) that they had to revoke before substituting the labor.
Relevant dates are as below:
Employer sent a request (in 2004) to revoke an approved I140 (approved in 2002) that was originally intended for a different Employee as the Employee left the company. The previous Employee has the 485 pending for more than 180 days. But, from what the Employer says, the previous Employee was to leave for India for good (personal reasons) so had no intention of using AC21.
NOID on I140 cites the reason below:
‘We couldn’t process this case any further since the previous application was already approved as we didn't have a record of any revocation request'.
The Employer has a proof (acknowledgement) of the revocation request. It has been used to file the MTR and waiting to hear back.
What do you think will happen? If they were to approve my friend’s case, will they have to cancel the approved green card (for the other person) or can both cases be approved?
As you can see, this is not an AC21 issue. USCIS overlooked/misplaced employer’s request to revoke the prior approved 140 and approved the associated 485.
Please share your opinions or any similar experiences. Thank you, in advance.