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  #1 (permalink)  
Old 10-26-2013, 01:37 AM
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Default 140 revoked, out of country

Hello,

I am eligible for AC-21 as my 485 was filed in 2007. I moved out of the country and started working for the same company offshore. In the mean time my EAD and AP were intact. My AP expires Dec 2013 while EAD is valid until 2014. Now my company is revoking the original 140 as they don't think i will return to them on the same Job description as i've moved up the ladder.

I don't think they will have a job for me anyway back in the US and i was looking outside hoping to use AC-21. Now since i am out of the country and the 140 may be revoked as early as next week, what choices do i have. I may get a new Job within 2-3 weeks but if i try to enter the US will there be a problem based on the 140 revocation or the offer letter of the new company will be good enough.

Thanks a lot in advance for any advice or guidance.
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  #2 (permalink)  
Old 10-26-2013, 10:04 AM
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Since you filed AOS they will not ask for employment proof when entering. The rule is, you need to have a job offer. Once 140 is revoked, CIS will normally send you a RFE or NOID and if you donot send a new job offer, they will deny your 485 along with AP and EAD.

You have some time but I suggest return to US ASAP and find a job. You should plan to return in next 1 to 2 week. They will not ask for a employment letter at PoE.
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  #3 (permalink)  
Old 10-26-2013, 10:36 AM
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Thanks much for your response. Couple of follow-up questions

1. How soon after the 140 withdrawl should i expect to get an NOID?
2. 140 would most likely be withdrawn before i can travel. At the time of entry they might see that the 140 has been withdrawn, in such a case wouldn't the POE ask on what basis i am trying to enter the States without a new offer in hand? I am expecting to close on a offer in the next 2-3 weeks.
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Old 10-26-2013, 11:02 AM
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No one knows when they will issue RFE but probably within a few weeks. At Poe , they will not question your 140 revoke IF your 485 is still intact. I suggest early travel because if your 485 is denied without a RFE or NOID ,which is unlikely but possible, you will be in problem.
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  #5 (permalink)  
Old 10-26-2013, 11:31 AM
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Got it, thanks for the help !
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