Urgent help for RFE on I140

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wantgreencard

Registered Users (C)
AC21 case (changed employer after I-140 approved and I485 pending after 180 days), INS sent RFE to old employer asking if they are going to revoke the approved I140.

The question is, if the old employer tell them they won't revoke the I140, does it mean that the old employer have to continue sponsoring the applicant? or they can simply not revoke, but not sponsor either?

What happen if the old employer revoked the I140? Is I485 going to be denied? Any one has the similar case out there? What is the best way to resolve this problems?

Any help will be greatly appreciated.
 
I think the best it be would be that old employer says that he will not revoke the 140.

But if for some reason he says that he will revoke, you should still be fine. As per AC21, since you are past 180 days of 485 filing, with the underlying 140 approved, your 485 shouldnot be denied. You have to provide an EVL from new employer, showing that you are working in the same capacity as before. Best get hold of a good lawyer and proceed if the old employer doesnt co-operate.
 
I still have the question here, if the old employer agree not to revoke, but does that mean that they have to continue to sponsor the case and perhaps provide EVL letter later?
or they can just not revoke, but not sponsor at the same time?

Thanks!
 
You have to split the AOS process into 3 steps:
1. Labor - where your local market is tested for your job skills.
2. 140 - where your company petitions the govt. to allow you to stay in this country since they need you.
3. 485 - where you petition to adjust status based upon 2.

As far as yoru current situation is concerned, you changed jobs after 180 days and 140 approval, which implies using AC21. Under which, you are home clear, it does not matter is Company A revokes the 140 or not, you HAVE to be approved if everything else in your case is okay.

The moron who sent the RFE probably can't count 180 days or doesn't know about the AC21 law. In case you are very worried and want to do something then:
1. Ping your lawyer and ask him to fax the AC21 memo to INS.
2. If you have good relations with your old company ask them to either:
a. Say your case has been approved and past 180 days so legally they have no say in the matter. or
b. Your case is being sponsored by them.

I don't see any problems in your case. Good luck!
 
It is immaterial at this point whether the old employer revokes 140 or not.

Now that you have joined the new company, you EVL, pay stubs should be from the new company. You are covered under AC21.

I dont understand why they sent such an RFE. Is it a trick RFE? Like if your old employer says he wont revoke it, then they will ask why did u fire him or let him go?

Talk to your lawyer.
 
Thanks for the replies.

Old employer sent a letter to INS saying that I no longer work in their place. Now the RFE is sent asking if the old employer is going to revoke the I140. I read from some place, the RFE has to have some response, or the case may be denied.

Since I already left the old employer, it's hard to ask them to continue sponsor me, but I wonder if I should try to ask them not to revoke? That's why I asked the question before.

I don't understand why they sent RFE on myI140 either.
I sent the AC21 letter with EVL from new employer at almost the same time the old employer sent the above letter. I am worried if INS just have the old employer letter in my file, but my AC21 letter is misplaced or they didn't realize it is a valid AC21 case.
How can I find out if they got my AC21 letter in file?

Advise needed. Thanks!
 
Send it again with a copy of the 485 receipt and also the copy of AC21 letter you filed before. Write to them about your scenario.
 
Originally posted by wantgreencard
Thanks for the replies.

Old employer sent a letter to INS saying that I no longer work in their place. Now the RFE is sent asking if the old employer is going to revoke the I140. I read from some place, the RFE has to have some response, or the case may be denied.

Since I already left the old employer, it's hard to ask them to continue sponsor me, but I wonder if I should try to ask them not to revoke? That's why I asked the question before.

I don't understand why they sent RFE on myI140 either.
I sent the AC21 letter with EVL from new employer at almost the same time the old employer sent the above letter. I am worried if INS just have the old employer letter in my file, but my AC21 letter is misplaced or they didn't realize it is a valid AC21 case.
How can I find out if they got my AC21 letter in file?

Advise needed. Thanks!
Click to expand...

As other members mentioned you are in good position. But beware of some moron IIOs. I remember reading a thread where an IIO denying an AC21 case without realizing that the case is valid. I dont want press panic button here, but want you to make keep control on your process. Talk to your lawyer and make sure the IIO understood your case as a valid AC21.
 
The RFE should go to your CURRENT Lawyer. Ask your lawyer to send your AC21 papers with the reply. I am confused about how the company is replying to INS directly, shouldn't the lawyer be doing that. And only your current lawyer should have your RFE!
 
There is a distinct possibility that your case has not been updated to reflect the latest status, I would urge you to ask your lawyer to send in papers outlining the AC21 memo, as well as sending in a new EVL and if not done already a G28 stating change of lawyer to your current one.
 
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