threatening revoking I140 - PLEASE HELP

N

ndny

Registered Users (C)
My I140 was approved and i filed for I485 2/2002. I just had my 2nd FP Feb 2004 -- Now got an RFE - which sounds like they will revoke my I140 approval. I got married and my spouse is a permanent resident. My case is under sports category - im an instructor.

I will be contacting my lawyer for advise but wanted to run through the available options from gurus.

What options do I have?

a) If I apply for I-130 through my spouse - Can I stay within the country? if so, can I go to school full-time and not work?

b) My earlier petition was under EB1 - exceptional ability. Lately, i've had some health issues and have not been able to coach at a competitive level [requirement is to be coaching at international level]. Can they consider me for the lower bar under 'exceptional ability' category? if so can anyone say how that works?

Bottom line, what happens to status in worst-case when my petition gets rejected -- im within the US and married to a GC holder.

thanks

** GUYS! even though your I140 has been approved -- it doesn't mean we're home free -- they're evaluating every decision that was made earlier in the process **
 
Details of RFE

Essentially they outline all the 'criteria' that would satisfy the adequacy requirement for the 'extra ordinary ability' petition and claim that -- what we have provided for the I-140 RFE (similar criteria) is inadequate.

If we don't have new substantial information to support the case, they indicate' this letter should serve as a notice of the intention of this serviceto revoke the approval to the aforementioned [earlier I-140] petition'.

hope that helps

my question is -- When they applied for the I-140 we had both the boxes checked one for 'Extraordinary Ability' and 'Exceptional Ability'. But the Extraordinary Ability one was marked on the I-140 approval we received.

In the even they choose to revoke the approval -- What will happen to the case? can we file a new 485?

OR -- Can I respond to the RFE saying I'd like to withdraw the petition and file for 'Consular Processing?'

Any thoughts?
 
I have notice in the past that they reopened the approved 140 for EB1s. I don't know what the logic/reasoning is. Try posting in the 140 forum - you may get better answers.

You can not go for consular processing- if your 140 is revoked/getting revoked.
You just have to try responding to RFE or refile 140 in new category.

HTH
 
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