received '485 intent to deny letter' for revoking i140 that never happned.

[Rajeev_pv]

Not sure if INS is now going behing EAD/ 485 applicants after chasing H1Bs or if my employer has done something wrong.

Here is what I got.

I got a letter from INS saying that my Employer has withdrawn my I 140 application. and I need to find a new employer with same job discription with in 30 days.

I had done concurrent filing of 140 and 485 and my I 140 was approved in August 2007.
and I am still working on H1B with out changing my employer. Me and my wife both are using AP but not EAD. Couple of months back my wife converted from H1 to H4 after her company let her go.

I called my employer to know the reason as I still work with him on H1B. My employer claims that he never revoked my I 140 application and its a mistake from INS side. He also claims that another employee of his has got the similar letter and hence the attorey has submited a MTR for the previous case.


My questions:

1. If my attroney submits a 'Motion to Reopen' as my employer stating that he never revoked my i 140, will this be sufficient? or its better to submit a job offer letter of new company using AC 21.
2. If I submit a new job letter saying that I found a new job with the same job discription ( AC21), will it automatically revoke my h1?
3. Can I claim that I have found a new employer, and still work on H1B with old employer? Is that a way to new employer with out loosing my H1B.?

Fourm mates: what is the best thing to do?

[desi3933]

My questions:

1. If my attroney submits a 'Motion to Reopen' as my employer stating that he never revoked my i 140, will this be sufficient? or its better to submit a job offer letter of new company using AC 21.
2. If I submit a new job letter saying that I found a new job with the same job discription ( AC21), will it automatically revoke my h1?
3. Can I claim that I have found a new employer, and still work on H1B with old employer? Is that a way to new employer with out loosing my H1B.?

Fourm mates: what is the best thing to do?


1. There is no need for MTR, since I-485 is not yet denied. It is intent-to-deny. I am surprised that your attorney is talking about MTR.
2. Submit a notarized letter from employer stating that they never requested to revoke I-140.
3. Submit a letter from employer stating job offer (for GC) is still valid and was never revoked/withdrawn.
4. Submit a notarized letter from you that you intend to work at this employer and current and GC employer are same.

This should resolve the matter.


___________________
Not a legal advice

[RDB]

Why do you want to send a new offer letter using AC-21 and complicate things......if you have done nothing wrong and if your employer hasn't 'really' revoked the I-140...then you shouldn't even have to open an MTR. Just sending them the approved 140 would resolve the matter......on that note...get the 140 approval notice from the employer and do a case status search online........that should tell you what your employer did or didn't do :)

Not sure if INS is now going behing EAD/ 485 applicants after chasing H1Bs or if my employer has done something wrong.

Here is what I got.

I got a letter from INS saying that my Employer has withdrawn my I 140 application. and I need to find a new employer with same job discription with in 30 days.

I had done concurrent filing of 140 and 485 and my I 140 was approved in August 2007.
and I am still working on H1B with out changing my employer. Me and my wife both are using AP but not EAD. Couple of months back my wife converted from H1 to H4 after her company let her go.

I called my employer to know the reason as I still work with him on H1B. My employer claims that he never revoked my I 140 application and its a mistake from INS side. He also claims that another employee of his has got the similar letter and hence the attorey has submited a MTR for the previous case.


My questions:

1. If my attroney submits a 'Motion to Reopen' as my employer stating that he never revoked my i 140, will this be sufficient? or its better to submit a job offer letter of new company using AC 21.
2. If I submit a new job letter saying that I found a new job with the same job discription ( AC21), will it automatically revoke my h1?
3. Can I claim that I have found a new employer, and still work on H1B with old employer? Is that a way to new employer with out loosing my H1B.?

Fourm mates: what is the best thing to do?

[Roger Binny]

Why do you want to send a new offer letter using AC-21 and complicate things......if you have done nothing wrong and if your employer hasn't 'really' revoked the I-140...then you shouldn't even have to open an MTR. Just sending them the approved 140 would resolve the matter......on that note...get the 140 approval notice from the employer and do a case status search online........that should tell you what your employer did or didn't do :)

Correct, start getting the I-140 approval in hand or search for case status online, continue from there on.

[Rajeev_pv]

Thank you Desi3933 and RDB .

I will send the letters you mentioned.

[Sai_07]

We didn’t see any action on our I-485, however got I-140 withdrawal.

My husband is still working with GC sponsor employer. Company or attorney never send withdrawal letter for our I-140. However, company sent withdrawal letters for some 12 other cases.
I am guessing this is purely USCIS mistake. Could you please suggest how to correct this?

Lawyer is suggesting send a letter saying we never withdraw our I-140.Is this enough? Or do we have to file MTR?

[chanduv23]

Where are all these cases? Texas or Nebraska?

[Sai_07]

I-140 was approved by TSC and later it was transferred to NSC. Got withdrawal letter from NSC.

[h1b_forever]

Even if they withdrew Approved I-140 after 180 days of 485 filing it should not matter.
You should still submit a MTR showing your employer never withdrew 140, also mentioning, you are past the 180 days of filing 485. It might be good to also enclose the employment letter.

On the other subject of being on h1, you can enter the country on AP, and still continue to be on h1 (if you have an approved one). I have asked this repeatedly and my lawyer has confirmed that is fine.

These USCIS folks need to be sent home for not knowing basic process. May be they should look at outsourcing this.

[jamesbond007]

Not sure if INS is now going behing EAD/ 485 applicants after chasing H1Bs or if my employer has done something wrong.

Here is what I got.

I got a letter from INS saying that my Employer has withdrawn my I 140 application. and I need to find a new employer with same job discription with in 30 days.

I had done concurrent filing of 140 and 485 and my I 140 was approved in August 2007.
and I am still working on H1B with out changing my employer. Me and my wife both are using AP but not EAD. Couple of months back my wife converted from H1 to H4 after her company let her go.

I called my employer to know the reason as I still work with him on H1B. My employer claims that he never revoked my I 140 application and its a mistake from INS side. He also claims that another employee of his has got the similar letter and hence the attorey has submited a MTR for the previous case.


My questions:

1. If my attroney submits a 'Motion to Reopen' as my employer stating that he never revoked my i 140, will this be sufficient? or its better to submit a job offer letter of new company using AC 21.
2. If I submit a new job letter saying that I found a new job with the same job discription ( AC21), will it automatically revoke my h1?
3. Can I claim that I have found a new employer, and still work on H1B with old employer? Is that a way to new employer with out loosing my H1B.?

Fourm mates: what is the best thing to do?

Did your wife start GC process with her employer also? If yes, maybe her employer cancelled her I140 and that resulted in a notice to you?
Also, ask your wife to check with her former employer if they requested her H1 to be revoked. I read on these forums of cases where a H1 cancel request resulted in intent to deny notices. That could provide answer to your question why they sent you that notice.

[Rajeev_pv]

Did your wife start GC process with her employer also? If yes, maybe her employer cancelled her I140 and that resulted in a notice to you?
Also, ask your wife to check with her former employer if they requested her H1 to be revoked. I read on these forums of cases where a H1 cancel request resulted in intent to deny notices. That could provide answer to your question why they sent you that notice.

My wife lost her job in March 09 when her company she was working decided to let go all the H1Bs in her company. With in 10 days of her last day, I got her converted to H4 even thought she had EAD card (after talking to attorney). Her H4 got approved in April.
but my 'intent to deny' letter says that my i140 got revoked after a request from my employer on May 13. And my employer says that on 13th May , he had replied to a RFE of another employee that wanted him to list down all the i140s aproved to my employer. Added to this, per my employer another employee of his has got similar 'intent to deny' letter like I have got.

[Rajeev_pv]

Did your wife start GC process with her employer also? If yes, maybe her employer cancelled her I140 and that resulted in a notice to you?
Also, ask your wife to check with her former employer if they requested her H1 to be revoked. I read on these forums of cases where a H1 cancel request resulted in intent to deny notices. That could provide answer to your question why they sent you that notice.

My wife's employer had not started GC process. but I am sure they had requested for H1 be to be revoked.
Her last day was in March 09, and within a month she was on H4.
But what is my wife H1B revoking to do with my i 140?. has any one who were in similar situtation answered to INS ?

[Sai_07]

Rajeev,

Did you see case stauts change on your I-140? Did your company or lawyer got withdrawal letter from USCIS?

[Rajeev_pv]

Rajeev,

Did you see case stauts change on your I-140? Did your company or lawyer got withdrawal letter from USCIS?

Yes. I checked my i140's LIN number. it says 'Approval notice sent' on June 08.

I wonder if INS has now started going beind 485 / EAD card holders.

[enthu]

Rajeev, how did your issue got resolved?

Today my husband got 'Intent to Deny 485' notice with the reason stating that "USCIS records failed to demonstrate that you are the beneficiary of of an approved immigration petition. Your I-140 was filed on .. and approved on .. and subsequently it was revoked."

My husband had his I-140 approved with an employer (future employment) and decided not to use it any more. We ended up filing our I-485 using my I-140 which is already approved.

Any such cases, please advise me. thanks.

[Rajeev_pv]

Rajeev, how did your issue got resolved?

Today my husband got 'Intent to Deny 485' notice with the reason stating that "USCIS records failed to demonstrate that you are the beneficiary of of an approved immigration petition. Your I-140 was filed on .. and approved on .. and subsequently it was revoked."

My husband had his I-140 approved with an employer (future employment) and decided not to use it any more. We ended up filing our I-485 using my I-140 which is already approved.

Any such cases, please advise me. thanks.

Sorry for getting back to you late.
In my case since it was an INS mistake. My employer had never withdrew i140 hence a letter from company attorney solved the issue. Our attorney did not open a MTR as it may have had complicated things though MTR was very much in his mind.

In your case, I would suggest you to first check if your husband's future employer has kept the offer still open before talking to an attorney.

[enthu]

thanks for the response. My lawyer is sending the evidence as USCIS asked. status on I-140 is really doesn't matter to me as I am not using it any more.

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