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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 11-01-2011, 05:55 PM
Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
02/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
Compare
Join Date: Jan 2007
Posts: 75
ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute
Default I-140 Withdrawl - what happens to I-485

Hello,

My 485 case is pending in Nebraska. 2 Years after filing I-485, I changed to a new employer using ac-21. My previous employer is likely to withdraw my approved I-140. I have Couple of questions -

1) Will a Notice of intent to deny will be given on the I-485 case or a wrongful straight denial will be given after the 140 withdrawl?

2) Incase a wrongful denial is given how much time does it take to re-open the case using MTR?

3) I have travel plans in december. I plan to use adv. parole to get back into the US. Would there be an issue at the port of entry incase of either a NOID or denial on 485?

Any one had similar experience, can you please share your thoughts..

Thanks,
Ajaysri
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  #2 (permalink)  
Old 11-01-2011, 07:34 PM
Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
03/24/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2007
Compare
Join Date: Apr 2006
Posts: 56
puding has a reputation beyond repute puding has a reputation beyond repute puding has a reputation beyond repute puding has a reputation beyond repute puding has a reputation beyond repute puding has a reputation beyond repute puding has a reputation beyond repute puding has a reputation beyond repute puding has a reputation beyond repute puding has a reputation beyond repute puding has a reputation beyond repute
Default

Been there.. done that..

My previous employer revoked 140 after quitting him in 2009. Fortunately, I was still in contact with the previous company's attorney who filed my case. The NOID for 485 was sent to attorney who communicated with me. He drafted a letter of explanation and required documents needed to reply for AC-21 and sent the reply. Since then, online status shows my case is under review (response received for RFE and case under review).

I would suggest to be in contact with the attorney who filed your 485 if you plan to use his services in future. If not, send in a new G-28 form notifying of new attorney or no attorney to make sure you get any updates of RFE's sent. Don't sweat much. Since responding for my 485 RFE, I traveled on AP and no questions / issues at port of entry. Good luck.
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  #3 (permalink)  
Old 11-01-2011, 07:47 PM
Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
02/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
Compare
Join Date: Jan 2007
Posts: 75
ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute
Default

Thanks Puding. I have read in the forums somewhere that there were cases of wrongful denials, but good to know that you got a NOID and were able to respond. Getting an NOID is in fact very very good than a wrongful denial. Yes, I am in touch with my attorney, will work with him.

thanks,
Ajaysri
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  #4 (permalink)  
Old 11-02-2011, 10:02 AM
Senior Member
Priority Date
:
Jul-05
Category
:
EB2
I140 Mailed Date
:
07/10/2005
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
09/25/2005
Compare
Join Date: Mar 2006
Posts: 279
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Default

In my case since I had filed AC-21, nothing happened after employer withdrew 140. I saw the status online that 140 had been withdrawn and then there were LUDs on 485 for couple of days too. But I guess they must have seen the new EVL etc (filed with AC21) and updated the 485 file. Good luck.

Quote:
Originally Posted by ajaysri View Post
Hello,

My 485 case is pending in Nebraska. 2 Years after filing I-485, I changed to a new employer using ac-21. My previous employer is likely to withdraw my approved I-140. I have Couple of questions -

1) Will a Notice of intent to deny will be given on the I-485 case or a wrongful straight denial will be given after the 140 withdrawl?

2) Incase a wrongful denial is given how much time does it take to re-open the case using MTR?

3) I have travel plans in december. I plan to use adv. parole to get back into the US. Would there be an issue at the port of entry incase of either a NOID or denial on 485?

Any one had similar experience, can you please share your thoughts..

Thanks,
Ajaysri
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  #5 (permalink)  
Old 11-02-2011, 11:49 AM
Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
02/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
Compare
Join Date: Jan 2007
Posts: 75
ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute
Wink

Hi DSLStart,

I sent in my ac21 papers too after changing jobs. However I am not sure if they reached my file. I took infopass but they were not able to tell who the employer is. Did you have any lud's on your 485 after you mailed in ac21? Also, did you send ac21 exclusively OR did you include it in any other application/rfe?
Thanks
Ajaysri




Thanks
Ajaysri
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  #6 (permalink)  
Old 11-02-2011, 03:34 PM
Senior Member
Priority Date
:
Jul-05
Category
:
EB2
I140 Mailed Date
:
07/10/2005
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
09/25/2005
Compare
Join Date: Mar 2006
Posts: 279
DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute DSLStart has a reputation beyond repute
Default

I changed the lawyer right away after I switched employer. He filed some G form (change of attorney) along with EVL, pay stubs etc. I was not responding to any RFE. And after it was filed I did notice at least 2 LUDs on 485 after a week or so.

Quote:
Originally Posted by ajaysri View Post
Hi DSLStart,

I sent in my ac21 papers too after changing jobs. However I am not sure if they reached my file. I took infopass but they were not able to tell who the employer is. Did you have any lud's on your 485 after you mailed in ac21? Also, did you send ac21 exclusively OR did you include it in any other application/rfe?
Thanks
Ajaysri




Thanks
Ajaysri
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