HELP - 485 denied used AC21

[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 My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.

But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied.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?

[guchi472000]

Hey I have heard that employer can't revoke ur 140 if it is approved and more than 180 days...
Please check this information with Gurus....

[wikipedia_fan]

Originally Posted by guchi472000

Hey I have heard that employer can't revoke ur 140 if it is approved and more than 180 days...
Please check this information with Gurus....

Employer can revoke 140 anytime. But if it crosses 180 days, it should not matter, which is not happening in my case

[wandmaker]

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 My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.

But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied.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?

Nothing to panic, browse through chanduv23's posting(s) - you will be back in track in few weeks.

Most recent case is at http://immigrationvoice.org/forum/sh...revoked+denial (MTR vs. MOTIC)

[wikipedia_fan]

Originally Posted by wandmaker

Nothing to panic, browse through chanduv23's posting(s) - you will be back in track in few weeks.

Most recent case is at http://immigrationvoice.org/forum/sh...revoked+denial (MTR vs. MOTIC)

Thank you. I am trying to find out if people have got denials in spite of going through the NOID process.

[sin94]

Question do we have to stop working upon receipt of the denial and wait until receipt of MTR? What are work options when a situation like this occurs

I have used ac21 and moved to a new employer and although my former employer have indicated that they will not revoke the approved I-140 (485 pending since Oct 07) if they do and USCIS does the same situation as described above for me & wife would I be out of status from that period?

Me being the primary applicant and wife the derivative are not using our H1's (I have 9 months remaining of my 6 year period and wife 3 years) I accepted a full time invoking Ac21 with the new company and joined using EAD. My wife has accepted a contract position using her EAD

I read somewhere that if you get a NOID and its the 485 gets rejected (even upon providing supporting documents) are we allowed to work during any of that period? what happens if we respond with MTR? how long will it normally take to respond?

ADVAthanksNCE to all

[unitednations]

Originally Posted by wikipedia_fan

Thank you. I am trying to find out if people have got denials in spite of going through the NOID process.

Received one today.

Weirdest thing:

Person's 140 was revoked by employer;

person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.

person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.

uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.

Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.

[DSLStart]

unitednations, you making this statement makes me scared.
Shouldn't they release some memo or something before making a drastic change like this???

Originally Posted by unitednations

Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.

[Beemar]

Originally Posted by unitednations

Received one today.

Weirdest thing:

Person's 140 was revoked by employer;

person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.

person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.

uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.

Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.

More likely cause is that the letter from the applicant notifying his new job never reached/registered in CIS systems.

Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status? This is crucial to know before jumping to conclusions.

[saileshdude]

Originally Posted by Beemar

More likely cause is that the letter from the applicant notifying his new job never reached/registered in CIS systems.

Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status?

AILA should file a lawsuit regarding these denials. They expect people to follow all H/LCA/PERM and target employers/lawyers to send a message to other people but fail to follow their own laws themselves. A lawsuit causing hardship needs to be filed. I dont know why AILA has not taken any action against this practice.

[axp817]

Originally Posted by unitednations

Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.

Wow, that is indeed scary.

If its possible, please keep us posted on what happens with this case.

Thanks,

[unitednations]

Originally Posted by DSLStart

unitednations, you making this statement makes me scared.
Shouldn't they release some memo or something before making a drastic change like this???

They should...

What is confusing is that in the notice of intent to deny; uscis officer stated that person may be eligible for ac21 and to give a job letter.

The only thing I can think of is that there may have been something wrong with the I-140 (ie., too many cases file by the 140 company and company revoked it in response to an ability to pay query, etc.).

This particular company is pretty large staffing company. i do not have any interaction with them but from what I know; they have been cancelling a lot of people's h-1b's and telling them to find other employers to transfer to. Don't know if there is a story within a story.

[unitednations]

Originally Posted by Beemar

More likely cause is that the letter from the applicant notifying his new job never reached/registered in CIS systems.

Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status? This is crucial to know before jumping to conclusions.

It was received well within time. If they don't receive resonse to request for evidence; they specifically mention it in the denial.

right now; there is issue with on-line case status with uscis. Not always updating. This is not what it is.

[chanduv23]

Originally Posted by unitednations

Received one today.

Weirdest thing:

Person's 140 was revoked by employer;

person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.

person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.

uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.

Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.

So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.

[pd_recapturing]

This is definitely scary. I think, we need to kick start our campaign again in full throttle. Last time, we thought, things were changing and we kind of stopped our campaign. There was a Ombudsman link where they suggested to contact them if 485 is wrongfully denied. Did someone contact them?