Approved 140 revoked by USCIS after 5 yrs

[GCindia007]

Hi Attorneys / Gurus / Friends 

 

I have a very bad news after 10years of GC process.

 

I got email for My I-140 from USCIS. My I-140 was approved in 2009, it was almost 5 years ago. And they are revoking it now. I changed my sponsoring employer in 2010, but till now I didn't filed AC21. Yesterday my new attorney sent AC21, G28, and EVL to USCIS and it will reach Today. I called USCIS and checked the address on file but they are not providing as I am not the petitioner. I am in touch with my old employer and hopefully they will support, depending upon the Query. 

 

1. do they request any docs from old company 

2. what kind of information they might be expecting in this scenario. 

3. have u seen any cases in the past where someone might have received such email and got approved after providing required information. 

4.what is the % of getting this approved 

5.Lets assume if the query is related to "ability to pay", in that case the AC21(which I have filed yesterday) does it will help or not? 

6.Since I have already filed AC21 along with EVL(employers letter). That means I am no longer with My old employer and is the query to old employer becomes invalid?

 

background of my previous employer 

 

1. He had some Bribery And Kickback case from NY state, later he sold his company to someone else and right now new company is located in Texas, and he left the country and I guess he is absconding. Old Company is still holding some of the H1's and its still running.

2. I came to know about my previous employer issue recently. 

 

"we mailed you a notice indicating we intend to revoke the decision made on your case. That notice will explain in detail what action we intend to take. Please read it carefully when you receive it. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address. "

 

Attorneys / Guys please give me ur suggestions and opinions what I need to do in this scenario. 

 

Thanks,

[rahul412]

So you are the victim of that FRAUD employer.

I guess you should be good if you have nothing to do with that fraud activities. But coming to your GC, I think you should start from scratch.

[GCindia007]

My PD is July 2003, EB3 India and I am current from last 9 months. Suddenly my 140 online status changed to "intend to revoke". Waiting for the notice. I am in touch with sponsering GC HR.

[JoeF]

There is a possibility that the employer submitted fraudulent documents for the I-140.Given the employer's history, it wouldn't surprise me.

If that's the case, then you would have to start over from scratch.

[GCindia007]

Thank You all for quick response. My Ac21 docs reached yesterday to USCIS. How to know if they accepted AC21 or not?

[Belle]

Well, the AC21 is not going to help if the I-140 was revoked for a cause. It only helps if I-140 is revoked because the job is no longer offered to you.

 

My advice would be to hire a good lawyer, file a new green card case, and appeal the old one to extend the time. Maybe something will work out, but in case of fraud the chances are slim.