Travelling and I140 revoked, can i reenter ?

S

sanj4p

Registered Users (C)
Hi Guys.

My case is :
I 140 approved -- december last year 2006
I 485 filed in March'07 -- received EAD and AP
I invoked AC-21 and sent all the papers in October after 180 days of I485 filing.

Right now I am in India travelling on AP and my employer have withdrawn I140.I see LUD on 22nd December on I140 which is becoz of withdrawl, I knew it as i left employer on bad terms (long story short -- they were harassing me for 4 years).

Since i am travelling on AP, do you think this could cause any problem while getting back to US ?

My 140 was approved one year back and 485 was filed after more than 6 months of wait and sent AC21 complete-set so i was alright if i was in US but i am in india and will come back after two weeks, I am scared if USCIS looks at my 485 during these two weeks and sends NOID or rejects the application right away within next two weeks. If i was there i can do MTR and all that but being in India it could be very difficult.

Has someone been in this situation before ? I have a friend there checking my mails everyday for any notice from USCIS but he din't get any papers yet.

Do you think there could be any issue on POE, like becoz of revoked 140 they update rejection on 485 and when i am trying to enter they say that 485 is rejected so can't let me in. I have copies of all AC21 papers which i sent after six months of 485 wait and I140 approval receipt as well.

Online status for I485 still says received and pending. Does anyone have idea how long does it take for them to change 485 status after 140 rejection/withdrawal.

Any help would be truly appreciated. If it gets rejected , can i file MTR while being in India and then reenter.

Very confused and scared right now .. Please help.

Thanks
Sanjay
 
This is an error, an approved I-140 cannot be revoked after it crossed the 180 day mark from I-485 filing. It's better to return to the U.S. before this impacts the I-485.
 
How do you know that the I-140 is revoked? Just an LUD on I-140 means nothing.

Note that in case of revocation of I-140, this would be indicated in the online tracking.
 
Thanks for replying. Appreciate it.

The reason i am assuming that LUD change is 140 withdrawn because i had two applications with this employer. My GC and my Brother's H1 (I129) and when i left they told me they will withdraw my I140 and cancel my brother's H1 ... on 22nd December I am seeing LUD on both of the cases. That is what worries me becoz both of the LUD's happened the same day on both the applications. So it indicates they sent both cancellation together. Would you know after the LUD how long does it take for the message to be changed ? and when do things get reflected on 485 .. I am preponing my trip becoz of this, have already talked to airline , i am planning to travel in next two days but what if something happens(status change) within these three days ...

thanks for all the help
 
It is okay

Since you have already filled your AC21 papers with USCIS, the withdrawl of I-140 after 180 days will not be problem and you will be safe. Even if USCIS ignores your AC21 and issues NOID on your I-485, it will give you somewhere around 30 days to reply. You will be able to use your AP and EAD until a final decision is made on your I-485 case. USCIS can not make any decision until you send a reply to NOID or RFE. I guess you will definitely get a chance to enter the country for it. I understand your situation and sooner I am also going to follow the same one but have courage.

This is just my personal opinion and it could be wrong. You may want to talk to a competent attorney in the mean time.
 
Update on I-140 takes some time. Could be about 2 to 3 weeks. But with USCIS cannot predict anything.

Hope everything works okay for you.
 
If they want to revoke approved I140, the message need not change. At least for me it didn't change. They will give you 30 days time to reply to their intent to revoke letter. So, you will have 30 days minimum to reply.

They can revoke I140/485 at any time even it was approved if USCIS feel that there was a fraud or mistakenly approved (which was my case) :-( I heard that, they can revoke 485 approval at anytime before five years from approval date.

Hope this help.
 
hellogc_2006 said:
If they want to revoke approved I140, the message need not change. At least for me it didn't change. They will give you 30 days time to reply to their intent to revoke letter. So, you will have 30 days minimum to reply.

They can revoke I140/485 at any time even it was approved if USCIS feel that there was a fraud or mistakenly approved (which was my case) :-( I heard that, they can revoke 485 approval at anytime before five years from approval date.

Hope this help.
Click to expand...

I wonder why the I-485 approval will be revoked (unless there is fraud by the company like cybersoft). If the I-140 is approved and there are no issues with the original company (A2P etc), you should be safe using AC21.
 
worrieddude said:
I wonder why the I-485 approval will be revoked (unless there is fraud by the company like cybersoft). If the I-140 is approved and there are no issues with the original company (A2P etc), you should be safe using AC21.
Click to expand...
No A2P issues and it is a big IT company. The interpretation of education evaluation is different between TSC and NSC. TSC is approved my I140 and while reviewing 485, NSC has looked into I140 again said that they wanted to revoke. I have MS from Bits, India.

You can go through my earlier posts too.

Best of luck..
 
hellogc_2006 said:
No A2P issues and it is a big IT company. The interpretation of education evaluation is different between TSC and NSC. TSC is approved my I140 and while reviewing 485, NSC has looked into I140 again said that they wanted to revoke. I have MS from Bits, India.

You can go through my earlier posts too.

Best of luck..
Click to expand...

I have read on these forums about approved I-140 from TSC being revoked by NSC if a subsequent I-140 was filed with NSC. This is pretty common.


For safest bet file I-140 and I-485 in TSC.
 
logwait said:
Can you please post why I140 was revoked? I too have MS from Bits.
Click to expand...
The reason nsc gave us was that MS from BITS was 1.5 years and they need 2 years MS equivalent to US MS. My attorney showed course-by-course and credit equivalence to US Masters, but still they were not satisfied. All this is depend on the individual IO how he/she interpret it. I heard in some other forum that they rejected cases with BSc (3 years) for EB2, but if they complete this same degree in 4-years (because of unable to attend few courses or failed etc), they approved. The IO doesn't know much about the education system in India and if evaluation is weak or not targeted one, it is very difficult to get the approval though you are very much have the qualification and experience.

Hope this helps.
 
worrieddude said:
I have read on these forums about approved I-140 from TSC being revoked by NSC if a subsequent I-140 was filed with NSC. This is pretty common.


For safest bet file I-140 and I-485 in TSC.
Click to expand...
This is not true for all the applied/transfered cases (We have several cases with my similar qualifications and applied to NSC in our company, but they didn't see any issues.) It is just depend on LUCK and individual IO. If everything goes fine, I don't think people in forums would give details of their case and hence we might not know much too.

Best of Luck..
 
hellogc_2006 said:
This is not true for all the applied/transfered cases (We have several cases with my similar qualifications and applied to NSC in our company, but they didn't see any issues.) It is just depend on LUCK and individual IO. If everything goes fine, I don't think people in forums would give details of their case and hence we might not know much too.

Best of Luck..
Click to expand...

That is true. But NSC is creating lot of issues with 3 year degree. I have gone through this mess and suffered.
 
Employers can revoke I-140 at anytime, even after 140 approval. Since you already had filed for AC21 papers, I guess USCIS should not deny your 485. However, one cannot be sure with USCIS. If USCIS have not looked into your AC 21 file, then they most likely will issue NOID on your 485 before actually denying it. Usually they would give 30 days time to respond. Until then your 485 would still be active and so should you be able to use your AP and EAD. I don't think there would be any change on your 485 when I140 is revoked. If you had changed your lawyer by filling G28 then the NOID would go to your lawyer else it may go to your ex employers lawyer.
 
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