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Old 01-14-2013, 07:11 PM
Hibernate Hibernate is offline
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Priority Date
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Oct-02
Category
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EB3
I140 Mailed Date
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Processing Stage
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I-140+I-485
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Join Date: Jul 2007
Posts: 14
Hibernate is infamous around these parts Hibernate is infamous around these parts
Default Urgent help : 485 denied.

Hi,

Here is my case details:
I-140 filed: Feb 2007
485 filed July 2007 (was on H1B with same employer)
switched empoloyer in march 2010 and sent AC21 letter.
received I-485 straight denial:

Here are the important words as writeen (let me know if you need any other info).

A review of your file indicates that an immigrant petition for alien worked (Form I-140) was filed by XYZ on Feb xx 2007, which was withdrawn by the petitioner on Feb xx, 2012. Form I-140 was subsequently revoked on July xx, 2012. A review of USCIS records fails to demonstrate that you are the beneficiary of an approved immigrant visa petition.


I can't appeal the case but can file MTR (reopen/reconsider) within 30 days.

My question is why was I denied without NOID when we filed AC21? It doesn't mention the exact reason of I-140 revocation. Am i missing reading between lines? Could it be that I-140 was revoked for fraud or anything else? I would appreciate any help on this as I am going to be out of status and not sure if MTR would help or not or if AC21 should be the only ground for MTR.
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