HELP - 485 denied used AC21

[leoindiano]

Originally Posted by wikipedia_fan

Go to their website and look for consitutent services. Utilize their services ONLY if your's is a genuine problem and follow their instructions - write clearly what your problem is and what kind of help you are expecting. Spome of them are very helpful - they stay on top of the case till they get you a written decision

Nevermind, i found you worked in these 6 weeks and result of MTR is retroactive.

[desi3933]

Originally Posted by ganguteli

Chanduv23,

Can someone use AC21 even if the person has not worked in the company but 180 days has passed?

Yes,
assuming I-140 is already approved and it is past 180 calendar days after I-485 filing date.


.
________________________
Not a legal advice.

[axp817]

Originally Posted by wikipedia_fan

"On March 27, 2009, you filed a motion to reopen. You indicated the use of the applicant's ability to "port" under section 106(c) of the American Competitiveness in the 21st Century Act (AC21). The requirements were met and the motion to reopen was approved.

CONCLUSION: It is concluded that the grounds stated for denial have been overcome.

ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."

Congratulations, and that is probably the most 'relieving' MTR approval message ever.

Thank you for sharing your story.

[chanduv23]

Originally Posted by axp817

Congratulations, and that is probably the most 'relieving' MTR approval message ever.

Thank you for sharing your story.

Definitely - some "comforting words after the person went through so much stress" looks like the officer knows what exactly to write

It is like a cardiologist saying "I can fix any kind of heart except a broken heart"

[GreenCard4US]

Company A applied for my labor and I140(approved and Active currently) in 2005. Moved to company C in April 2007(H1 transfer), applied for I485 using Company A's EVL in July 2007. I got a 485 RFE now for EVL. Can I now say that I have used AC 21 by sending relevant documents or should I send EVL from Company A?

Originally Posted by wikipedia_fan

Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.

But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.

It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.

I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.

Is there anyone else in the same boat? How long does it take for MTR to get processed?

[meridiani.planum]

Originally Posted by GreenCard4US

Company A applied for my labor and I140(approved and Active currently) in 2005. Moved to company C in April 2007(H1 transfer), applied for I485 using Company A's EVL in July 2007. I got a 485 RFE now for EVL. Can I now say that I have used AC 21 by sending relevant documents or should I send EVL from Company A?

Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.

[GreenCard4US]

Thank you for the reply. When you say that if I go with Company A that there will be more scrutiny, do you mean they will check the vailidity of the offer and their ability to pay? I work for a Govt. Agency(Company C), they will give me an EVL but I am not sure if they will specify "in accordance with I140". I am actually doing the same job, same place, before as a contractor(Company A) and now as an Employee(Company C).

Originally Posted by meridiani.planum

Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.

[rockstart]

Originally Posted by GreenCard4US

Thank you for the reply. When you say that if I go with Company A that there will be more scrutiny, do you mean they will check the vailidity of the offer and their ability to pay? I work for a Govt. Agency(Company C), they will give me an EVL but I am not sure if they will specify "in accordance with I140". I am actually doing the same job, same place, before as a contractor(Company A) and now as an Employee(Company C).

This is what you could do. Take the updated EVL letter from your HR/ Supervisor. Attach latest paystubs as additional proof. Now for duties if the EVL does not contain this info then attach a copy of job posting advertisement that was issued when you were hired. Every govt job needs to be advertised. It can be in papers or their own website. Then get the lawyer to draft the AC21 letter and to point out the similarities between this job and your labor.