From IV : Did USCIS deny Your 485 when 140 was revoked after 180 days of filing 485?

[chantu]

My I140 is approved in March 2008. I have applied for I485 in Aug 2007.

Originally Posted by nkrishna

is your 140 approved or not

[chantu]

Can somebody please answer?

Originally Posted by 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.

[chantu]

What if I give a EVL of any consulting firm (without having a project on my hand) at that time? Will it work?

Originally Posted by gcformeornot

get a RFE asking about EVL...... if you don't respond to RFE, they might deny 485....

[Legal_In_A_Limbo]

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i just found oot that my employer has withdrawn my approved H-1B, and i also get an email from USCIS, saying they have reopened my approved H-1B.

After talking to my old company, they said they have withdrawn all the immigration paperwork as i have left them. So, i assume they have withdrawn my 140 also.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.

Anyone please!!!!!!!!!!!!!!!!!!!!!!!!!!!

[chanduv23]

Originally Posted by chantu

Can somebody please answer?

Chantu - AC21 rule is there to specifically protect people from such situations. Now, if you speak to Attorneys they will explain and they have all scenerios covered for you.

A same or similar job MUSt exist - is clear. Now this can be a future job or a current job which is permanant in nature with good prospects and is in same or similar caategory.

Lot of people get a denial on 485 when 140 is revoked even after 180 days. If such a thhing happens you must file for a Motion to reopen showing proof of new employment. None of us are sure why this happens. There are a lot of assumptions or lot of interpretations but USCIS has never acknowledged that this happens and even if such a thing happens it MAY be a training issue. But in reality this is happening.

Coming back to bonafide job offer - an EVL and paystubs help.

Now, if you are inbetween jobs - you have to get a bonafide job offer soon so that you will be in position to respond to RFE or NOID or denial.

[chanduv23]

Originally Posted by Legal_In_A_Limbo

Anyone please!!!!!!!!!!!!!!!!!!!!!!!!!!!

If they really revoked your i 140 it usually takes 4 to 6 weeks to process it. You may not see LUDs as these days online system is not getting properly updated.

[chantu]

Thanks Chandu for the details.

Is it good to wait for any RFE or denial and if it occurs, just sending them new EVL of any consulting firm (with or without project) will help?

Originally Posted by chanduv23

Chantu - AC21 rule is there to specifically protect people from such situations. Now, if you speak to Attorneys they will explain and they have all scenerios covered for you.

A same or similar job MUSt exist - is clear. Now this can be a future job or a current job which is permanant in nature with good prospects and is in same or similar caategory.

Lot of people get a denial on 485 when 140 is revoked even after 180 days. If such a thhing happens you must file for a Motion to reopen showing proof of new employment. None of us are sure why this happens. There are a lot of assumptions or lot of interpretations but USCIS has never acknowledged that this happens and even if such a thing happens it MAY be a training issue. But in reality this is happening.

Coming back to bonafide job offer - an EVL and paystubs help.

Now, if you are inbetween jobs - you have to get a bonafide job offer soon so that you will be in position to respond to RFE or NOID or denial.

[chanduv23]

Originally Posted by chantu

Thanks Chandu for the details.

Is it good to wait for any RFE or denial and if it occurs, just sending them new EVL of any consulting firm (with or without project) will help?

Ask a lawyer - I don't know how that works, try posting in lawyer thread.

[chanduv23]

those who are facing this issue OR those who think they may face this issue (used AC21) you may contact me.

I spoke to IV core over the weekend and IV can help coordinate a campaign if members are willing to run the campaign.

If people are interested please email me at

chandrakanth DOT vemula AT immigrationvoice DOT org

if we have a good number of people - core will have a conference call for further direction

[Legal_In_A_Limbo]

Originally Posted by chanduv23

If they really revoked your i 140 it usually takes 4 to 6 weeks to process it. You may not see LUDs as these days online system is not getting properly updated.

Thanks a lot chandu. They did not tell me when they have sent the paperwork for revocation. So i will sit and wait. I have already sent in my AC-21 paperwork, when i made the switch to use EAD and change employment.

Once again thanks a lot.

[chantu]

Chandu,

I want to post my question to lawyer as you suggested. Do I have to open a new thread or I have to wait for next conference call thread and post it there? What is the procedure?

[chanduv23]

Originally Posted by Legal_In_A_Limbo

Thanks a lot chandu. They did not tell me when they have sent the paperwork for revocation. So i will sit and wait. I have already sent in my AC-21 paperwork, when i made the switch to use EAD and change employment.

Once again thanks a lot.

We have to face it. Unless we have a choice

[axp817]

oops, sorry, I didn't read the messages from yesterday.

I'll send you an email.

[Legal_In_A_Limbo]

Another LUD on my case. Seems like they are actively working on my case.

[axp817]

Originally Posted by chanduv23

Those letters were from the campaign started by IV volunteer 'pd_recapturing' last fall. If you navigate through those threads, all those people got their cases successfully resolved through MTRs.

The thing is - we are so scared about this situation, but people who went through it and navigated it - are happy and more confident

True, least we can do is take practive measures to try and reduce the number of wrongful denials. I have sent you an email.

Thanks,