I 140 revoke issue - Appreciate immediate help


knagasai

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Posted

I was working with a company 'A' from April 2004 - March 2008

My I-140 was filed in and approved 2007. I applied for 485, EAD and AP. All my status were maintained well. No employment gaps.

I left company 'A' in March 2008 and joined 'B' company, and B company filed AC-21 in Aug 2008. All was going well. I worked in company B until May 20 2011(Friday).

I moved to company C in May 23 2011(Monday). All are going well.

My first company 'A' sent a letter to US Immigration on Oct 2010 saying that they are no longer supporting my 1-140 as I am not working with them any more.

I came to know recently when USCIS sent a letter to my company B attorney on Sept 9 2011. USCIS also revoked my I-140 on this date and sent me a letter saying their decision as below.

"In accordance with the authority contained in Title 8, Code of Federal Regulations, section 205.1(a)(3)(iii)©, the approval of the petition is automatically revoked as of the date of approval because USCIS is in receipt of your letter of october 12 , 2010 stating that Omnisoft is no longer supporting the beneficiary.

The form ETA 750 is part of the record and can't be returned."

- I have changed company A after 180 days of I-140 approval.

- My company B also filed AC-21.

- So why this happened and appreciate advise.

- How to respond to USCIS and fix this issue?

Appreciate help and thanks in advance,

Posted

please consult a lawyer.

did you get your I-485 denial? you will need to file MTR and provide supporting documents like filing AC21 and satisfying its condition (pending I-485 for at least 180 days before leaving company A), etc. it would be best to consult an immigration lawyer like murthy with your situation.

I was working with a company 'A' from April 2004 - March 2008

My I-140 was filed in and approved 2007. I applied for 485, EAD and AP. All my status were maintained well. No employment gaps.

I left company 'A' in March 2008 and joined 'B' company, and B company filed AC-21 in Aug 2008. All was going well. I worked in company B until May 20 2011(Friday).

I moved to company C in May 23 2011(Monday). All are going well.

My first company 'A' sent a letter to US Immigration on Oct 2010 saying that they are no longer supporting my 1-140 as I am not working with them any more.

I came to know recently when USCIS sent a letter to my company B attorney on Sept 9 2011. USCIS also revoked my I-140 on this date and sent me a letter saying their decision as below.

"In accordance with the authority contained in Title 8, Code of Federal Regulations, section 205.1(a)(3)(iii)©, the approval of the petition is automatically revoked as of the date of approval because USCIS is in receipt of your letter of october 12 , 2010 stating that Omnisoft is no longer supporting the beneficiary.

The form ETA 750 is part of the record and can't be returned."

- I have changed company A after 180 days of I-140 approval.

- My company B also filed AC-21.

- So why this happened and appreciate advise.

- How to respond to USCIS and fix this issue?

Appreciate help and thanks in advance,

Posted

Thanks for the reply.

I did not get any deniel of I 485. My EAD card is also approved last week.

I had already filed AC-21 with the Employer B. Now I am filing the AC21 of my current rmployer(Employer C).

I would take the help of my attorney who did all the GC work for me right from the begining.

By the way what is MTR?

Posted

please consult a lawyer.

you would only need to file MTR (motion to reopen/reconsider) if you got wrongful I-485 denial due to revocation of your I-140 by your initial petitioner (company A) as you are allowed to change employment based on AC21 provision.

Thanks for the reply.

I did not get any deniel of I 485. My EAD card is also approved last week.

I had already filed AC-21 with the Employer B. Now I am filing the AC21 of my current rmployer(Employer C).

I would take the help of my attorney who did all the GC work for me right from the begining.

By the way what is MTR?

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