N400 application- Notice of Denial.


Opzz

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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resident since my GC was erroneously approved (July 2014) to begin with, the cause being the fact that my I-140 was revoked in Jan 2012.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.

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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.

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