kartakash Posted June 8, 2011 Report Share Posted June 8, 2011 All - this is a strange situation where my I-140 was approved on 07/31/2009 and my 485 was pending July 2007. Now as per the June 2011 visa bulletin my PD is current. Sometime in the beginning of this year my employer stated that he will have to withdraw my I-140 because I availed the AC21 and that is a general case for any employee leaving the company. Even today I am in good terms with him. Today I have a status update on my I-140 after more than 600+ days that my I-140 is denied and they have mailed a letter with possible options. On last check on my I-485 in USCIS local office it was mentioned to me that its preapproved. I am very concerned with this recent development and will appreciate if any advice is given to me or what I can expect to hear from USCIS. I am speaking to my lawyer tomorrow and also my previous employer since I am very disturbed. Please help me out with possible suggestions. Thanks!! Link to comment
jubbulu Posted June 9, 2011 Report Share Posted June 9, 2011 Have you submitted AC21 related documents to USCIS when you parted your ways with your employer who filed for your GC? If so, your case will not be in peril. Link to comment
Belle Posted June 9, 2011 Report Share Posted June 9, 2011 If the I-140 is truly denied, you will need to look at the denial letter. Denial is different from simple withdrawal or revokation. Link to comment
rahulk24 Posted June 9, 2011 Report Share Posted June 9, 2011 Hello Belle or Joef, Is it okay to file AC-21 after employer revokes I-140? Will we see a LUD on I-140 if employer revokes it? Please let me know. Link to comment
jubbulu Posted June 9, 2011 Report Share Posted June 9, 2011 Originally posted by rahulk24: Hello Belle or Joef, Is it okay to file AC-21 after employer revokes I-140? Will we see a LUD on I-140 if employer revokes it? Please let me know. I can answer about whether or not you see LUD on I-140. My I-140 was approved in 2009 but I still see "Initial Review" status online. Link to comment
Shurap1 Posted June 9, 2011 Report Share Posted June 9, 2011 I140 is denied which means it was not approved at all earlier? If yes then it means that you are not qualified for AC-21. Requirement for AC-21 is I140 approved + 180 past filing the I485. Also there is nothing as such filing AC-21. The law allows to change the employment under these (I140 approved + 180 past filing the I485) circumstances. Lawyers do advise to notify USCIS about change of employment by means of a letter, there are forms etc. Even this is not mandatory. You can tell USCIS about job change only if is required. Link to comment
Shurap1 Posted June 9, 2011 Report Share Posted June 9, 2011 Originally posted by kartakash: All - this is a strange situation where my I-140 was approved on 07/31/2009 and my 485 was pending July 2007. Now as per the June 2011 visa bulletin my PD is current. Sometime in the beginning of this year my employer stated that he will have to withdraw my I-140 because I availed the AC21 and that is a general case for any employee leaving the company. Even today I am in good terms with him. Today I have a status update on my I-140 after more than 600+ days that my I-140 is denied and they have mailed a letter with possible options. On last check on my I-485 in USCIS local office it was mentioned to me that its preapproved. I am very concerned with this recent development and will appreciate if any advice is given to me or what I can expect to hear from USCIS. I am speaking to my lawyer tomorrow and also my previous employer since I am very disturbed. Please help me out with possible suggestions. Thanks!! If I-140 has been revoked (first approved and then revoked) then you are most likely covered under AC-21. However if I140 has been denied due to fraud (this is mostly employer related) then you will have hard time defending your AC-21 (and so I485). I remember reading a case like on murthy's home page where they successfully reopened the denied 485 due to this reason. I am not able to find the link but you can contact them certainly. I know its hard time for you and all my best wishes are with you. Link to comment
kartakash Posted June 10, 2011 Author Report Share Posted June 10, 2011 Well it was approved in 07/31/2009. I used my AC21 in end of 2009. but my 485 was pending since july 2007. I also applied AC21. In the beginning of this year my employer mentioned he will have to withdraw my 140 since I used AC21 and is as per law. There is no fraud or issues with the company as far as I know since they are still getting lott of approvals and the employer is still in touch with me. Waiting on the letter of denial and reason why it was. On the same timeframe my wife's 485 got a RFE and mine is still shown as preapproved and has no status updates. This is very confusing Link to comment
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