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  #1 (permalink)  
Old 01-14-2013, 07:02 PM
Junior Member
Priority Date
:
Oct-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 14
Hibernate is infamous around these parts Hibernate is infamous around these parts
Default Urgent : 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your file indicates that an immigrant petition for alien worked (Form I-140) was filed by XYZ on Feb xx 2007, which was withdrawn by the petitioner on Feb xx, 2012.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 Could it be that I-140 was revoked for fraud or anything else?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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  #2 (permalink)  
Old 01-14-2013, 07:13 PM
Junior Member
Priority Date
:
Oct-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 14
Hibernate is infamous around these parts Hibernate is infamous around these parts
Default

Quote:
Originally Posted by Hibernate View Post
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your file indicates that an immigrant petition for alien worked (Form I-140) was filed by XYZ on Feb xx 2007, which was withdrawn by the petitioner on Feb xx, 2012.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.
Also My I-140 was approved in Jan 2008
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  #3 (permalink)  
Old 01-15-2013, 12:30 AM
Senior Member
Priority Date
:
Jul-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 1,025
sunny1000 has a reputation beyond repute sunny1000 has a reputation beyond repute sunny1000 has a reputation beyond repute sunny1000 has a reputation beyond repute sunny1000 has a reputation beyond repute sunny1000 has a reputation beyond repute sunny1000 has a reputation beyond repute sunny1000 has a reputation beyond repute sunny1000 has a reputation beyond repute sunny1000 has a reputation beyond repute sunny1000 has a reputation beyond repute
Default

Please consult a lawyer immediately. Looks like USCIS has no record that you switched using AC21. Please apply for MTR in a timely fashion.
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Please always consult an Immigration attorney. My post is NOT legal advice and is just my personal opinion.

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  #4 (permalink)  
Old 01-15-2013, 06:32 AM
Member
Priority Date
:
N/A
Category
:
EB3
I140 Mailed Date
:
11/03/2006
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
06/21/2007
Compare
Join Date: Mar 2009
Posts: 59
GotFreedom? is a jewel in the rough GotFreedom? is a jewel in the rough GotFreedom? is a jewel in the rough GotFreedom? is a jewel in the rough
Default

This is bizzare. You were completely within your rights to switch the employers as per the dates mentioned. Get a lawyer involved and open an MTR immediately. You do not deserve this after all these years of painstaking wait.

Good luck!!

Quote:
Originally Posted by Hibernate View Post
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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  #5 (permalink)  
Old 01-15-2013, 06:53 AM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
04/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
Compare
Join Date: Sep 2007
Posts: 73
kprgroup will become famous soon enough
Default

It happened to me back in 2008(For the same reason) no NOID just direct denial. You can't do anything now other than file MTR with in 30 days. You will be all right ...don't worry. Contact some good lawyer and file MTR. (It will take 2 months to 8 months to reopen 485) .

I know it's pain but try to relax and concentrate on what need to done.

Let know or PM me if you have any specific question.

KPR
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  #6 (permalink)  
Old 01-15-2013, 10:39 AM
Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
07/03/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/03/2007
Compare
Join Date: Aug 2008
Posts: 64
prince_charming is just really nice prince_charming is just really nice prince_charming is just really nice prince_charming is just really nice
Default Don't worry file MTR quicly

Don't worry man... exactly same thing happened to me in 2008 and i filed MTR and everything reopened and got my green card last year as well.

It seems like AC21 sometimes doesn't get updated in system and thus they send the direct denial... i know its USCIS's fault but nothing can be done except filing MTR timely.

I infect sent letters to USCIS director/ ombudsman / president / senator/congressman as well to let them know that case was denied due to wrong reasons.

So MTR is the very first thing on your list for you and your dependents.

Quote:
Originally Posted by Hibernate View Post
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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  #7 (permalink)  
Old 01-07-2015, 12:28 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2015
Posts: 2
GSOSMTR is on a distinguished road
Default

To kprgroup,

When you were in the same situation, did you work?
I am in same situation. USCIS denied my I-485 due to my previous employer revoking my I-140. I used AC21 law to switch to new employer after 180 days (in my case I switched after 2 years). I have already applied for MTR and it been 4 months with no response. Already tried to expedit through congress men and no help yet. I have already opened a case with Ombudsman and they are looking into it. My lawyer is also trying to follow up and its still pending

My question is should I stay here until MTR status is known even after 180 days?

Thanks
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  #8 (permalink)  
Old 01-07-2015, 02:33 PM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
04/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
Compare
Join Date: Sep 2007
Posts: 73
kprgroup will become famous soon enough
Default

PM'ed you check ur message..................
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  #9 (permalink)  
Old 01-08-2015, 12:26 PM
Donor
Priority Date
:
Aug-04
Category
:
EB3
I140 Mailed Date
:
02/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Jan 2006
Posts: 91
srinivas_o has a reputation beyond repute srinivas_o has a reputation beyond repute srinivas_o has a reputation beyond repute srinivas_o has a reputation beyond repute srinivas_o has a reputation beyond repute srinivas_o has a reputation beyond repute srinivas_o has a reputation beyond repute srinivas_o has a reputation beyond repute srinivas_o has a reputation beyond repute srinivas_o has a reputation beyond repute srinivas_o has a reputation beyond repute
Default Does the status show Revoked if I-140 is revoked?

A quick question, if I-140 was revoked and if we check the case status, will it show that it is revoked? Anybody has any idea?
__________________
PD : Sep 2004
Type : EB3
I-140 : Approved in Jun 2007
I-485 : Applied on Jul 2 2007 (TSC)
Changed Employer after 9 months of applying I-485
(AC21 not filed)
Changed address and informed USCIS online and updated the pending I-485 application

Contributed $25 for HIGH Five Drive (http://immigrationvoice.org/forum/sh...ad.php?t=20183)
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  #10 (permalink)  
Old 01-08-2015, 01:40 PM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
04/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
Compare
Join Date: Sep 2007
Posts: 73
kprgroup will become famous soon enough
Default

No.140 didn't say revoked.Still says case approved
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  #11 (permalink)  
Old 01-09-2015, 01:00 PM
Junior Member
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Join Date: Jan 2015
Posts: 2
GSOSMTR is on a distinguished road
Default

Attn: kprgroup

Thanks for your quick response! I checked your message and responded too.

Thanks
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  #12 (permalink)  
Old 04-29-2015, 12:17 PM
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Join Date: Apr 2015
Posts: 21
stan1IV is on a distinguished road
Default Any progress??

OP - please post here. This would help other members in some way. TIA
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