From IV : Did USCIS deny Your 485 when 140 was revoked after 180 days of filing 485?

[chanduv23]

Originally Posted by axp817

I commend Chanduv23 for taking upon this initiative.

This is a blessing for people that are in this predicament due to wrongful 485 denials.

I hope this motivates more people to contribute financially, this type of work often involves financial costs in addition to the volunteers' personal time and energy.

Good luck to all of us.

I am doing this at the directive from IV Core. So let us all commend IV Core

and yes - IV needs lot of funds, so please contribute generously to IV.

[pd_recapturing]

I will post their IV handles this weekend. I think, I sent the whole bunch of these information to nixtor as well. This is very very important issue and needs utmost attention. It may bite any one at some point of time in future if they happen to use AC21. Now since IV core is involved, our case is going to be stronger than ever.

[Winner]

Originally Posted by chanduv23

We have been seeing and experiencing this issue where USCIS issues denial on 485 when the beneficiary changes jobs after 180 days after filing 485 and when the petitioning employer requests to revoke the i 140 petition.

The i 140 petition is a company owned petition and the beneficiary has no control over it, however if the beneficiary changes jobs after 180 days of filing 485, the beneficiary must be able to adjust status irrespective of whatever happens to the i 140 as long as the beneficiary can prove that he/she is in a same or similar job.

Immigration Voice is willing to help people with this kind of issue. We want to collect information from everyone who are experiencing this issue and will be taking this issue to appropriate authorities.

Immigration Voice has successfully helped people in the past with genuine case issues and continue to provide this service to its members.

If you or someone you know is experiencing this issue and has filed for a "MOTION TO REOPEN BEFORE COMMISSIONER" please contact IV at
chandrakanth.vemula AT immigrationvoice DOT org

Please email your case history in a detailed manner with dates and other information like processing center, reason quoted on denial, number of depends, all your real names, your contact phone number and any other details. You need not post your personal details like A number or receipt numbers at this time.

Please spread this message to everyone you know so that we receive as many cases as possible.

IV is our organization, so lets help ourselves by working together to resolve this issue.

chanduv23,
I just want to say... Thanks for you leadership.

[gapala]

so far, its been 24 hours after the call was made to come forward and we have just 1 member impacted due to this issue.. hopefully more will come forward in next few days.

[chanduv23]

Originally Posted by gapala

so far, its been 24 hours after the call was made to come forward and we have just 1 member impacted due to this issue.. hopefully more will come forward in next few days.

I spoke to chenche - his is not AC21 - his was different issue and his MOTIC seems to have been approved. Good thing is - his MOTIC was approved at TSC in a couple of weeks after he submitted.

chenche has agreed to support IV in all possible ways.

We have to concentrate only on AC21 wrongful denials. Looks like a lot of people are scared to invoke AC21 mainly because of this issue and are submitting themselves to unscroupolous employers.

I spoke to a few people and tried to motivate them that AC21 does have hiccups but you must be fine - but they are extremely scared and are submissive.

Folks considering AC21 - you may want to talk to lawyers to clear your doubts or fears. When I invoked AC21 I spent $$$ and spoke to Rajiv Khanna and he reassured - AC21 IS FINE AND there is a reason for AC21 to be there.

AC21 is the ONLY protective blanket for us all in any kind of circumstances.

My personal advice to all those who are scared on AC21 - to all those who are debating between h1 clock or EAD and trying to see safe options - LIFT YOUR HEAD HIGH AND LEAD A POSITIVE LIFE, a good positive approach and a sense of what is happening helps.

Understand the system - work within the system - work towards helping make the system better - and also help others who are facing issues.

On another note - I have noticed that other websites may not really be interested in fixing our issues because they are profit making websites and all they want is traffic so that they can make money by ad sense and other stuff.

IV is the ONLY organization that is working for our cause. So please help IV to help yourselves.

[pd_recapturing]

Chandru, Please check your email. I have sent you some information that we gather during our last campaign.

[pd_recapturing]

Here is the latest from Ron Gotcher's news letter regarding AC21 and wrongful denial of 485. Somehow, I feel that Ron Gotcher is one of the biggest critics of this bad practice of USCIS. According to him, after a brief pause, USCIS has again started denying 485 when employer informs that the applicant no longer works with them. Interestingly, he said that one of the largest law immigration forms actually advises their clients to inform USCIS when employees leave job.
Here is the link. Please have a look.
http://imminfo.com/Newsletter/2009-4...rtability.html

[digmetalq]

It's like USCIS is behaving like Mafia . they don't care about ombudsman recommedations. or the Homeland Secretary asking for status on their famous backlogs, and to add to it when you take your grieviances to your representative, you have mention that you are legal allien , because if you talk immigration to them, they know only illegal alliens.

[chanduv23]

Originally Posted by pd_recapturing

Here is the latest from Ron Gotcher's news letter regarding AC21 and wrongful denial of 485. Somehow, I feel that Ron Gotcher is one of the biggest critics of this bad practice of USCIS. According to him, after a brief pause, USCIS has again started denying 485 when employer informs that the applicant no longer works with them. Interestingly, he said that one of the largest law immigration forms actually advises their clients to inform USCIS when employees leave job.
Here is the link. Please have a look.
http://imminfo.com/Newsletter/2009-4...rtability.html

Very useful newsletter. Those who got denials MUST file for MTR and then do the following

(1) Contact the Ombudsman
(2) Send email to DHS Office of Inspector General (DHSOIGHOTLINE@DHS.GOV).
(3) Contact both Senators
(4) Contact local congressman

Above all - we at IV want to pursue this strongly. We need some cases. ****************IV core is willing to take up this matter to the appropriate authorities.

Thanks to Ron Gotcher for providing this useful information.

[chanduv23]

Originally Posted by chanduv23

Very useful newsletter. Those who got denials MUST file for MTR and then do the following

(1) Contact the Ombudsman
(2) Send email to DHS Office of Inspector General (DHSOIGHOTLINE@DHS.GOV).
(3) Contact both Senators
(4) Contact local congressman

Above all - we at IV want to pursue this strongly. We need some cases. ***************IV core is willing to take up this matter to the appropriate authorities.

Thanks to Ron Gotcher for providing this useful information.

One of my friend contacted his congressman's office with this issue and the staffer askedhim to explain what his issue is and when he explained about AC21 denial she said " Usually AC21 denials are reversed using MTR so you don't have to worry, give USCIS 2 to 3 months to process your MTR, if they do not get back to you in 3 months then we will ask for a status update"- It looks like people know about USCIS issuing denials on AC21 cases.

As a community we can all work together to help ourselves from these situations. If you or your friends are having this issue, please contact us. Look at all avenues.

[chanduv23]

Originally Posted by digmetalq

It's like USCIS is behaving like Mafia . they don't care about ombudsman recommedations. or the Homeland Secretary asking for status on their famous backlogs, and to add to it when you take your grieviances to your representative, you have mention that you are legal allien , because if you talk immigration to them, they know only illegal alliens.

Believe me - if you say you are "employment based" they treat you worse than an "illegal alien" - you can see the tone of some people change when you say things like h1b visa, employment based green card etc... - thanks to Lou Dobbs, Ron Diamond and other similar folks who planted this fungus in the minds of common man. An average American is a very good person at heart as he/she is raised in one of the most civilised nations and have good behaviour and ethics - but when they constantly hear bad things about immigrants especially employment based folks in general - they tend to have some kind of negative perception.

Such a negative perception influences their behaviour pattern and also influence decision making.

Unfortunately - it has become a struggle. We now have to fight for everything. And this will continue. If the community still does not realise this - then yes, potentially anyone will face tough situations and will have to fight it at an individual level.

[chanduv23]

Please come forward if you are facing this problem. If anyone you know are facing this issue, please ask them to come forward.

[chantu]

I have one question?

What if my employer cancels I140 and I don't have any other job on my hand? This can be a possibility for me in near future. I am searching for a new job and my employer is going to cancel I140.

[nkrishna]

is your 140 approved or not

[Legal_In_A_Limbo]

i just found oot that my employer has withdrawn my approved H-1B, and i also get an email from USCIS, saying they have reopened my approved H-1B.

After talking to my old company, they said they have withdrawn all the immigration paperwork as i have left them. So, i assume they have withdrawn my 140 also. I have not seen any LUD or heard anything from USCIS as of now.

I will keep you posted and will be more then willing to come forward.