Change of job using AC21, I485 denied

[TakeAlong]

I have changed my employer and working on EAD, attorney has sent AC21 letter to USCIS. Previous employer cancelled I140, USCIS sent notice about I485 denial.

What steps can I take? How long does it take for MTR approval? How long can one stay in US after 485 is denied, and MTR is filed? Can one work after MTR is filed?

Notice says now AP is valid for 30 days only. What can be done if MTR is filed, and it takes more than 30 days?

Thank you for your reponses.

[Belle]

You may stay in the US while the MTR is pending. I would highly recommend that you do not leave the country until the I-485 is pending again (unless you have a valid H/L visa), so there is no need for AP in the meantime.

[rahulk24]

Hi Belle,

Could you please let me know the difference between the following

- I have received an email from the lawyer saying that my employer (GC sponsor) has revocked my I-140

- I have checked with my employer. He says that he did not revoke, but has just informed USCIS that he no longer wish to sponsor

and wish to withdraw sponsorship.

Details -

I am on EAD. I have changed to employer B on EAD around 1.5 years back. Did not file ac-21.

Priority date is September 2006 (now it is current). I-140 approved and worked for employer A (GC sponsor) for more than 2 years

after filing I-485 in August 2007.

I have accepted a fulltime job with employer C around 8 months back, but did not file AC-21.

I have filed AC-21 2 months ago (as soon as I received that email from the lawyer i.e. my I-140 has been revoked)

As on date, I did not see any LUD on my I-140 or I-485.

Do you think my I-485 will be denied?

Thanks,

Rahul

--------------------------------------------

Hi TakeAlong,

Did you file AC-21 before I-140 revokation?

Did you see any LUD after your employer revoked your I-140?

Please let me know.

Thanks,

Rahul

[TakeAlong]

Hi Belle, Thanks for your response.

Hi Rahul, I had filed AC 21 earlier. But it seems that it might not have reached my immigation file by the time I140 was cancelled. I140 should not have been cancelled in this case. It's a USCIS error. My case status shows the fact than 485 is denied, and I got a notice to that effect. If you haven't got such a notice or haven't seen anything to reflect it in online case status, I guess you should be OK. It seems that individuals handling different cases handle it differently. Some adjucators may not be completely aware of laws and/or different memos.

[rahulk24]

Thanks TakeAlong for your prompt reply.

Belle,

Could you please reply to my earlier question when you get a chance.

Thanks in advance,

Rahul

[Belle]

"Can one work after MTR is filed?"

Yes.

"Notice says now AP is valid for 30 days only. What can be done if MTR is filed, and it takes more than 30 days? "

This question is irrelevant. You ain't going anywhere.

[QUSA]

Hi TakeAlong,

Did you switch job before the 180 day window?