Which attorney would you recommend for a 485 denial case?

Ok, All the speculations are coming to an end and I think I have figured out this puzzle.

Employer checked his records again and canceled the I-140 "by mistake" instead of the H1. The letter references the H1 cancellation in the subject, but has the LIN # of the I-140 :mad:

However, this was done 255 days after I-485 was filed. USCIS still rejected the I-485 citing that I-140 being revoked.

-gxr
 
gxr said:
Ok, All the speculations are coming to an end and I think I have figured out this puzzle.

Employer checked his records again and canceled the I-140 "by mistake" instead of the H1.
The letter references the H1 cancellation in the subject, but has the LIN # of the I-140 :mad:
-----------------that is mistake of employer and USCIS went by LIN# of I-140.
However, this was done 255 days after I-485 was filed.USCIS still rejected the I-485 citing that I-140 being revoked.
--------------if the letter was sent AFTER 255 days then you can file MTR. also get the letter from employer that he did not made a request to revoke I-140, you may need the copy of employer letter that he requested to revoke H1. you should also take the letter from Employer that he never requested to revoke the I-140. talk to good lawyer



-gxr
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Good Luck!!
 
Real Candian can you clarify me about invoking I-140 after 180 days

TheRealCanadian said:
Then this should be a straightforward MTR - she is clearly covered by AC21.
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If the employer invoke I-140 after 180 days of I-485 pending will it have any affect? I am thinking that if you don't send AC21 letter to USCIS after changing employer after 180 days of I-485 pending old employer can invoke your approved I-140. Can your clarify me?
 
blueindia said:
If the employer invoke I-140 after 180 days of I-485 pending will it have any affect?
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Absolutely. USCIS will issue an NOID and you have 30 days to respond with evidence of eligibility for AC21 relief.

I am thinking that if you don't send AC21 letter to USCIS after changing employer after 180 days of I-485 pending old employer can invoke your approved I-140. Can your clarify me?
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The employer can always revoke the approved I-140.
 
gxr said:
Ok, All the speculations are coming to an end and I think I have figured out this puzzle.

Employer checked his records again and canceled the I-140 "by mistake" instead of the H1. The letter references the H1 cancellation in the subject, but has the LIN # of the I-140 :mad:

However, this was done 255 days after I-485 was filed. USCIS still rejected the I-485 citing that I-140 being revoked.

-gxr
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You have a case for motion to re-open the I-485. By the way, revoking H-1 by the previous employer has no impact on the current I-485.
 
MTR was filed 10 days back. 485 had an LUD the day after MTR was received by NSC. Still waiting for a decision. Will keep you all posted.
 
For anyone thinking of using the AC21 rule and changing jobs 180 days after filing 485, please try to keep in mind the receipt date on your receipt notice. Due to the volume of applications received in July 2007, some applications got receipted as late as November 2007. It might be advisable to wait until 6 months after that receipt date.

I do not know if USCIS kept the mailing date of the applications they received in July 2007. Even if they did, unless there was a memo or some kind of communication given to the IIOs, they "might" only go by the receipt date to determine the 6 month period.

Since USCIS hires a lot of contractors, anyone coming in new might not know of what happened in July last year, and as a result they would go about doing their job based only on the training they receive. (they may/may not cover the July 2007 saga in their training)

TheRealCanadian said:
The employer can always revoke the approved I-140.
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I was under the impression that the petitioning employer loses control over an approved I-140 after 6 months of its approval. I remember reading that even if the employer requests a revokation, USCIS would not act upon it but rather contact the beneficiary to ask them provide job verification.
 
485 has been re-instated. Got a letter mentioning that they re-instated it based on AC21 provisions. Its back to pending state now..

Surprisingly, this happened 2 and a half weeks after filing MTR.

Thanks everyone..
 
I had gone through the same issue. My EAD's and AP's were getting denied as well. I filed the motion to reopen, and also got my lawyer to find an AILA liaison to inquire about this case. that was the one thing which helped. Try to get your lawyer to do that.

By the way, UnitedNations or Nadeem is a jackass. I respect his knowledge of the issues but he is not a lawyer and takes no responsibility for any 'suggestions' he provides. I remember I wanted to file AC-21 and he asked for a ridiculous amount of money, for what eventually turned out to be a one page letter, eventually framed by my lawyer. There is a fine line between helping poeple and taking undue advantage of a lack of knowledge in certain things.
 
chitti007 said:
I remember reading that even if the employer requests a revokation, USCIS would not act upon it but rather contact the beneficiary to ask them provide job verification.
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By requesting job verification, USCIS is acting on a revocation. You get 30 days to provide evidence of AC21 eligibility, or the adjustment is denied.

If the employer lost all control of the I-140 after 180 days USCIS would merely ignore the revocation request.
 
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