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View Full Version : H1 revoked, AC21 not filed and travel in 2weeks


ags123
08-28-2009, 10:08 PM
I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email

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We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
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Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).

I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
So with
a) H1 Revoked aug 28th
b) Address changed
c) AC21 not filed
I am thinking of not travelling. Am I overreacting here ?

saileshdude
08-28-2009, 11:32 PM
I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email

---------------------------
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
-------------------------------

Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).

I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
So with
a) H1 Revoked aug 28th
b) Address changed
c) AC21 not filed
I am thinking of not travelling. Am I overreacting here ?

You mentioned emergency in your post. If there is a medical issue regarding a near-dear family member or a really important event (may be immediate family members wedding) then you should go. These are more important things in life. Believe it or not when you look back that this in future you will regret the decision of not going if its truely an emergency.

Most likely nothing will happen. Just take the offer letter with you from the new company descibing that your new job duties are similar to old one and also take copy of AC21 law.

ags123
08-29-2009, 10:33 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.

roseball
08-29-2009, 11:27 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.

Your I-485 cannot be denied just because your GC sponsoring employer revoked your H1. In past, USCIS denied or issued NOID when the GC sponsoring employer revoked the approved I-140. Do you know if your employer is going to revoke your I-140 or has already done so.

In anycase, like someone else mentioned, you can file a AC21 letter now and take a copy of the letter along with a copy of the offer letter with you. Just go and enjoy your sister's wedding with family and friends.

ags123
08-29-2009, 12:17 PM
Thanks, Roseball. Thats another thing I am not clear on what they will do with I-140. My prev employer had told me they wouldnt withdraw the I-140 and they would revoke H1 after 90 days. It is exactly 6 months since then. So I am guessing they sent in the H1 revocation 3 months ago and CSC has opened it and cancelled H1 now after 3 more months.

I am hoping they will stick to their word of not withdrawing I-140. However as in my case I was part of a large layoff and I dont know if the lawyers may push employer to witdhraw I-140 just to make some cash withdrawing I-140 for every laid off person.
(In my case I am lucky enough to have the same lawyer represent me in the new company, however they wont discuss anything related to what they do for the old company as it is company confidential. So what happens on approved I-140 is a mystery)

The flip side is that it is only 1 week when I am outside I dont know if my luck is that bad that something happens during this one week. I guess no one will have the answer

Anyways have booked tickets so will watch LUD,status etc till the last minute and then take a chance for one week I guess.

ags123
09-22-2009, 08:38 AM
just FYI, came back via SFO and had no reentry issues.

anai
09-22-2009, 09:51 AM
just FYI, came back via SFO and had no reentry issues.

Great. Good that you went and good to know that there were no issues.

traveldoc
09-24-2009, 09:14 AM
Good to know no issues Dude.