unique situation - NEED 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 **
 
what makes you think that 140 will be revoked

140 once approved cannot be denied unless there are issues of fraud etc.
during 485, they will see if you are working in the same field and security and health checks are done.
you 140 doesnt get re-evaluated.
can you let us know more about the RFE.
yes to your first question but depending on the priority date for spouses of GC, there may be a time lag before you could do aos under that category.
so better option would be to answer the rfe that you have now. your approval may be just round the corner.
 
RFE info

they state that 'it is the intention of this service to revoke the approval previously granted for the aforementioned petition'

they are clearly referring to the I140 petition that was approved. The I140 also had an RFE for which we provided additional info.
 
Originally posted by ndny

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

Marriage to GC holder will take along time. I think 5-10 years is about right.

I think your best bet for advice is your attorney. I have yet to read about an EA being revoked after approval. This is a new one for this message board. Please let us know how it goes.

Brian
 
This hasnt been heard before

I am sorry to hear this but if you could be more specific about what may have changed since your 140 that they have decided to revoke it.
someone on this board may be able to help you.
Frankly, I had not heard about an 140 being revoked by ins without any specific issues.
Best Wishes.
 
I don't think an employer can revoke EB1-EA. And don't think that BCIS could do that either (unless its based on fraud).

You need a good attorney!
logicators
 
Nothing has changed

Nothing significant has changed since the I-140 approval. No Fraud involved -- we've stated the case as it is - i.e., haven't made up anything -- I think if you stick to the letter in terms of meeting the criteria - we might be borderline im not too confident that we meet all the criteria unequivocally.

I had my 2nd FP Feb 2004 and applied for EAD renewal Jan 2004 - maybe that triggered this. Employer is not involved in this at all.. No longer with the employer that initially provided letter of support while filing I-140.

Since Oct 2003 I have been physically ill and not able to be actively employed - but have started coaching on my own since 2004.

Other ideas:
- Can I withdraw the 485 petition and file for Consular Processing?
- Other ideas to respond to RFE?

I am consulting with a lawyer today and explore this.
 
think twice before consular

as they are asking to revoke 140, the basis for consular may not remain and you will be stuck outside.
maybe with lawyer's help, reply to the rfe pointwise and hope for the best.
best wishes.
 
Indeed, BCIS can revoke the petition! The law allows this and, in the past, cases of revocation have been upheld by AAO. Your case is better handled by a competent lawyer.
 
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