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Opzz

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  1. Thanks to both of you. I am not sure how they could approve so many documents(AP, EAD, 485) in error after the revocation. joeF, Thanks for the insight, i was not aware of the 2017 enactment. I was hoping that a August 4, 2003 USCIS memo from William Yates, which addresses the availability of AC21 portability benefits after the initial sponsoring employer withdraws or revokes the I-140 petition would be relevant to my case. Under the guidance in the applicable memorandum, in cases where an I-140 is approved and the I-485 is pending 180 days, the foreign national still has eligibility for green card approval, even if the initial employer or sponsor chooses to withdraw or revoke the I-140 petition approval. I am probably grasping at straws here and dont have too many options, will see what the lawyers say. Thanks Again.
  2. I had my n400 interview Sept 29,2020 at one of the NoVA locations, interview itself was smooth for the most part till the IO asked me questions reg. my I-140 and employment transfer dates. I gave him the details I remembered and he mentioned he needs to check if due process was followed and he would send a follow-up/decision in 4-6 weeks. Today, i received the Denial notice stating that my application was denied because i was not a lawful permanent resident since my GC was erroneously approved (July 2014) to begin with, the cause being the fact that my I-140 was revoked in Jan 2012. I had changed employers in Jan 2010 (2.5 years after my 1-140 was approved) and the new company had sent the required AC21 letter. I am working to get a lawyer and request a hearing, but what did we do wrong here? Isnt the AC21 a paved path for job transfers with same job classification+ approved I-140's + beyond the 180 day period on I-485 pending? Has anyone been through a similar situation and have a recommended path? Even if not, any advice from the senior members on here i much appreciated.
  3. Opzz

    Filing for Green Card-Parent.

    Thanks to the both of you for being generous with your time and advice. Joe F, Yes, we will consult with a lawyer, your point with the friends case is well taken. Pontevecchio, the "urgency" is more for getting her in the system before the planned changes that might affect family based immigration. Parents and siblings will be excluded if the deal for DACA/wall/funding goes through (or thats what the wishlist is). No one can say if this will actually go through in this round of negotiations but the risk is indeed there. We were advised that CP is a 15-24 month process for India, but even it is, we are not ruling out as an option. Thank you again, i will update once we have talked to a lawyer.
  4. I am hoping someone experienced like JoeF/pontevecchio can shed some light. We are definitely planning to consult with an Immigration attorney once we have the paperwork in order, but given the pending changes in Immigration, we need some clarity. Background: Sister is a US Citizen, she is planning to apply for our mother's Green Card, Mom has a visit visa currently and visits us once in two years. -If her petition (either AOS or CP), is denied, how does it affect her existing visit visa (can she still use it to visit say next year?) and any potential future renewals? -If we do decide to do AOS, while none of the forms indicate any wait period, we have been told to wait 60-90 days before we apply for AOS, after she is here on the visit visa. What are your thoughts on this? Thank you for taking the time to read and answer this and all the guidance you give on these forums generally, its invaluable. -Sid
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