Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Immigrant Visa
Click to log in with Facebook
Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 09-04-2009, 02:58 PM
Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
01/23/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Mar 2006
Posts: 85
seeking_GC will become famous soon enough
Default Approved I140 withdrawn

Here are the details of my case :

I applied for my GC through employer A

Labor applied : Aug 2005 (EB2 India )
I-140 approved : May 2006
I-485 applied : July 2007

Switched employers using AC21 on April 2008. I did not send any notification or letter to USCIS saying I had taken advantage of AC21 portability rules. I am working in the same position/same responsibilities as I was with employer A

Now my previous employer has sent a notice to withdraw my approved I-140( I came to know of it via online update from USCIS website) . I have read the Aytes memos regarding portability rules and I understand that, theoretically, there should be no impact to my I-485 application

However I would like to know, in your experience, how the USCIS deals with such situations. Do they issue a RFE or NOID and if so, what pre-emptive action can I take to ensure that there is no adverse impact to my 485 app. I dont have H1B anymore and both me and my wife are working on EAD.

Thanks in advance for your guidance.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 09-04-2009, 03:06 PM
US Immigration Attorney
Law Offices of Prashanthi Reddy
42 West 38th Street Suite 1104
New York, New York-10018
http://www.reddyesq.com
Thank the Attorney if this post is helpful
Join Date: Nov 2008
Posts: 161
Blog Entries: 1
Thanks: 0
Thanked 129 Times in 68 Posts
Prashanthi is a jewel in the rough Prashanthi is a jewel in the rough Prashanthi is a jewel in the rough Prashanthi is a jewel in the rough
Default

Quote:
Originally Posted by seeking_GC View Post
Here are the details of my case :

I applied for my GC through employer A

Labor applied : Aug 2005 (EB2 India )
I-140 approved : May 2006
I-485 applied : July 2007

Switched employers using AC21 on April 2008. I did not send any notification or letter to USCIS saying I had taken advantage of AC21 portability rules. I am working in the same position/same responsibilities as I was with employer A

Now my previous employer has sent a notice to withdraw my approved I-140( I came to know of it via online update from USCIS website) . I have read the Aytes memos regarding portability rules and I understand that, theoretically, there should be no impact to my I-485 application

However I would like to know, in your experience, how the USCIS deals with such situations. Do they issue a RFE or NOID and if so, what pre-emptive action can I take to ensure that there is no adverse impact to my 485 app. I dont have H1B anymore and both me and my wife are working on EAD.

Thanks in advance for your guidance.
You might receive a NOID, or RFE or denial, in either case you have to make sure your receive this document on time and that you respond with the AC-21 paperwork on time. Even if you send the AC-21 documentation now they will most probably send a NOID, Denial or RFE anyway, the documents that you sent, may not find their way into your file. The key is to keep you address updated online and by calling USCIS.
Bookmark and Share   Reply With Quote  
  #3 (permalink)  
Old 09-04-2009, 04:14 PM
Member
Priority Date
:
Feb-04
Category
:
EB3
I140 Mailed Date
:
12/01/2006
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Sep 2009
Posts: 52
patiently_waiting is on a distinguished road
Default

Hi seeking_GC

How do we check the I-140 was withdrawn ?

Is there any website in USCIS for checking the active/revoked status of I-140 ?

Thanks.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 09-04-2009, 10:01 PM
Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
01/23/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Mar 2006
Posts: 85
seeking_GC will become famous soon enough
Default

https://egov.uscis.gov/cris/jsps/login.jsp

Register above and enter your I-140 receipt number and you can check the status.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 09-05-2009, 02:55 AM
Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
01/23/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Mar 2006
Posts: 85
seeking_GC will become famous soon enough
Default

Quote:
Originally Posted by Prashanthi View Post
You might receive a NOID, or RFE or denial, in either case you have to make sure your receive this document on time and that you respond with the AC-21 paperwork on time. Even if you send the AC-21 documentation now they will most probably send a NOID, Denial or RFE anyway, the documents that you sent, may not find their way into your file. The key is to keep you address updated online and by calling USCIS.
Thanks Prashanthi for your guidance.

Do you reccommend sending AC21 documentation to USCIS now or later when I get the RFE? Also typically what documentation is required for sending AC21?
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 09-06-2009, 03:03 AM
Junior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
11/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
Compare
Join Date: May 2007
Posts: 16
hasil is a jewel in the rough hasil is a jewel in the rough hasil is a jewel in the rough
Default Ac21

Quote:
Originally Posted by seeking_GC View Post
Thanks Prashanthi for your guidance.

Do you reccommend sending AC21 ....
This should help. AC21 Portablity - & Everything About it ..
__________________
10 facts
1.You're reading my post
2. Now your saying/thinking that's a stupid fact.
4. You didn't notice that i skipped 3.
5. You're checking it now.
6. You're smiling.
7. You're still reading my post.
8. You know all you have read is true.
10. You didn't notice that i skipped 9.
11. You're checking it now.
12. You didn't notice there are only 10 facts
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
I140 approved. Now what? muraliy All other Green Card Issues 17 09-02-2008 08:41 PM
AC21:I140 approved;I485 pending more then 180 days; Employer wanting to revoke I140 imv116 AC21 Portability after 180 days of 485 filing 11 07-26-2008 09:44 AM
Invoking AC21 with I140 withdrawn kewlchap AC21 Portability after 180 days of 485 filing 0 03-16-2008 11:13 PM
I140 withdrawn visapower Ability to pay issues and other 140 RFEs etc. 3 11-12-2007 10:19 AM
Will subsequent i140 affects previous approved i140 md2003 All other Green Card Issues 1 08-23-2006 10:51 AM



All times are GMT -4. The time now is 02:50 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org