I-140 Denied ...After EAD....Please Help

[meetasn]

Here is my case.

Applied Labor in April 2008 got approved in a month.

Applied I-140 in August got approvals in 15 days

My PD got current in Jan 2012 applied I-485 Got EAD/AP

In April 2012 got Notice of intend to revoke I-140, based on ability to pay. My company replied , but They are not satisfied with the answer, I-140 was revoked last week. have only 15 days to file MTR. Please help me

My h1b expired on April 2102, applied extension got approvals in upto April 2013. My H1 was approved, when I was in vacation. I entered using EAD.

I completed 6 years stay in US with approved I-140 got 3 years extension completed that also, now I got one more year extension for H1B.

I want to stay 2 more years, Please let me know, what are my options.

1. If my company opens MTR, how long it will take to get decision?

2. Can I go for MTR or AAO appeal?

3.Do I need to submit Change of status from EAD to H1?

4.Since I have completed 180 Days after filing I-485, Can I invoke AC21?

5.Open MTR/AAO and apply for H1 through another company?

Please suggest

[kala403]

Here is my case.

Applied Labor in April 2008 got approved in a month.

Applied I-140 in August got approvals in 15 days

My PD got current in Jan 2012 applied I-485 Got EAD/AP

In April 2012 got Notice of intend to revoke I-140, based on ability to pay. My company replied , but They are not satisfied with the answer, I-140 was revoked last week. have only 15 days to file MTR. Please help me

My h1b expired on April 2102, applied extension got approvals in upto April 2013. My H1 was approved, when I was in vacation. I entered using EAD.

I completed 6 years stay in US with approved I-140 got 3 years extension completed that also, now I got one more year extension for H1B.

I want to stay 2 more years, Please let me know, what are my options.

1. If my company opens MTR, how long it will take to get decision?

2. Can I go for MTR or AAO appeal?

3.Do I need to submit Change of status from EAD to H1?

4.Since I have completed 180 Days after filing I-485, Can I invoke AC21?

5.Open MTR/AAO and apply for H1 through another company?

Please suggest

Will you share how much was the difference between the PWD and your salary?

[sreedesi]

HI,

I am also exactly in the same boat. I Got my NOIR from USCIS for the approved I140 which had a PD in 2008 , MY employer is going to reply for that.i don't really know what happens. what are steps you guys can suggest that i can take at this point of time. i have my h1 until 2013, which i got for my approved i140.Please share the information if you have any. my client where i am working might be willing to transfer H1 but not sure whether i can get another extension of h1 because there might not be enough time to get the labor approved.i am in very confused situation .Please help!!!!

Thanks a lot

-Sri

[Attorney_15]

USCIS guidance states that AC21 Portability is unavailable when the I-140 Petition is revoked for cause. Revocation for cause happens when the USCIS issues a Notice of Intent to Revoke followed by a Revocation decision. A Motion to Reopen/Reconsider or an Appeal of an I-140 does not restore the approval of a revoked I-140; the approval would have to actually be reinstated by USCIS.