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

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > AC21 Portability after 180 days of 485 filing
Click to log in with Facebook
AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

Reply
 
Thread Tools Display Modes
  #1  
Old 09-12-2008, 07:47 PM
prince_charming prince_charming is offline
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
Angry I-485 Denial Notice used AC21

Hey guys

Just received email from CRIS regarding I-485 denial notice for both me and my wife.

I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.

My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.

My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.

This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
Bookmark and Share Compare Reply With Quote


  #2  
Old 09-12-2008, 07:52 PM
ksrk ksrk is offline
Donor
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
07/15/2006
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Dec 2007
Posts: 124
ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all
Default Shouldn't they have sent out NOID before the denial?

Quote:
Originally Posted by prince_charming View Post
Hey guys

Just received email from CRIS regarding I-485 denial notice for both me and my wife.

I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.

My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.

My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.

This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
Uh-oh! Sorry to hear that. But please keep the hope - it may not be all over yet.
Aren't they required to issue an NOID (Notice of Intent to Deny)...check this out under
2. USCIS on Issuing RFEs, H1B Revocation, eFiling, and Other Matters -
http://murthy.com/bulletin.html
__________________
PD: Dec 01, 2004 (EB2-I)
I-140: Jan 26, 2007
I-485: RD Aug 15, 2007; ND Oct 02, 2007
FP: Jan 15, 2008
FP & NC: Cleared Aug 2008
RFE Apr 2009 (responded Apr 2009)
CPO: Sep 10, 2009
Approval notice: Sep 14, 2009 (in the mail)
Bookmark and Share Compare Reply With Quote


  #3  
Old 09-12-2008, 08:00 PM
prince_charming prince_charming is offline
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
Angry Only god knows what processes, rules and regulations they follow

Quote:
Originally Posted by ksrk View Post
Uh-oh! Sorry to hear that. But please keep the hope - it may not be all over yet.
Aren't they required to issue an NOID (Notice of Intent to Deny)...check this out under
2. USCIS on Issuing RFEs, H1B Revocation, eFiling, and Other Matters -
http://murthy.com/bulletin.html
Only god knows what processes, rules and regulations they follow. I am glad that i am maintaining H1B status with my I-485 and never used EAD.

Its just so disturbing that you are at the mercy of USCIS who didn't know anything about how to look and process the application.
Bookmark and Share Compare Reply With Quote


  #4  
Old 09-12-2008, 08:03 PM
kumaabh kumaabh is offline
Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
04/11/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
04/11/2007
Compare
Join Date: May 2007
Posts: 44
kumaabh is infamous around these parts kumaabh is infamous around these parts kumaabh is infamous around these parts kumaabh is infamous around these parts kumaabh is infamous around these parts kumaabh is infamous around these parts
Default This is ridiculous

What are we supposed to do now?? we should make this an IV campaign issue. USCIS is not following the rules set by congress. AC-21 is the law and USCIS is not following the law and causing hassel to the legal immigrant community. The legal immigrant community should really do something about this.
Bookmark and Share Compare Reply With Quote


  #5  
Old 09-12-2008, 08:08 PM
prince_charming prince_charming is offline
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
Unhappy Lets wait for Denial Notice

Quote:
Originally Posted by kumaabh View Post
What are we supposed to do now?? we should make this an IV campaign issue. USCIS is not following the rules set by congress. AC-21 is the law and USCIS is not following the law and causing hassel to the legal immigrant community. The legal immigrant community should really do something about this.
I will wait for Denial notice. My attorney might get it mid next week if USCIS send it today.

I don't know if anyone has been through this situation before.... I want to know if they filed MTR and case got reopened?
Bookmark and Share Compare Reply With Quote


  #6  
Old 09-12-2008, 08:23 PM
mhtanim mhtanim is offline
Senior Member
Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
12/01/2007
Chargeability
:
Bangladesh
Processing Stage
:
I-485
I485 Mailed Date
:
08/12/2007
Compare
Join Date: Apr 2007
Posts: 252
mhtanim will become famous soon enough
Default

I am not a lawyer, but this is what my understanding: if your I-485 was is pending for at least 180 days and your I-140 was approved at the time when you used AC21, you should be safe. In this scenario, even if the ex-employer revokes your I-140, you should be fine and if USCIS has denied your I-485 based on this, you should be able to fight it.

USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.

I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
Bookmark and Share Compare Reply With Quote


  #7  
Old 09-12-2008, 08:26 PM
jetflyer jetflyer is offline
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jun 2008
Posts: 157
jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute jetflyer has a reputation beyond repute
Default

Quote:
Originally Posted by prince_charming View Post
joined now
Jab fat-ti hai to IV yaad aata hai otherwise just be free rider

Translation: One need to be proactive and join IV at earlier visits rather wait and join when something goes wrong!
IV helps regardless but strength lies with #of members so pls register

Last edited by jetflyer; 09-15-2008 at 09:21 PM.
Bookmark and Share Compare Reply With Quote


  #8  
Old 09-12-2008, 08:27 PM
americandesi americandesi is offline
Senior Member
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 291
americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future
Default

Here's a similar case from 2002

http://www.murthy.com/news/UD140rev.html

USCIS is repeating the same blunder time and again.
__________________
EB2 - India - PD Jul 2007
Bookmark and Share Compare Reply With Quote


  #9  
Old 09-12-2008, 08:28 PM
piyu7444 piyu7444 is offline
Senior Member
Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
12/29/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: May 2007
Posts: 181
piyu7444 is a splendid one to behold piyu7444 is a splendid one to behold piyu7444 is a splendid one to behold piyu7444 is a splendid one to behold piyu7444 is a splendid one to behold piyu7444 is a splendid one to behold
Default Did they revoke 140 after 180 days of filing 485 ?

Quote:
Originally Posted by prince_charming View Post
Hey guys

Just received email from CRIS regarding I-485 denial notice for both me and my wife.

I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.

My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.

My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.

This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.

Sorry to hear about this but

If your employer revoked I-140 after 180 days of filing 485 and you did work for the employer who filed 140 for 180 days after filing 485 you will win with USCIS. Wait for the denial notice to find the reason, then file for Motion to reopen with your lawyer's help.

Your employer should not have revoked 140 (bummer) and if he did it after 180 days it cant be the reason for denial unless someone at USCIS just did the job in their usual way (read they dont read rules which they should follow day to day)

Hope it helps! Good Luck
__________________
"Nearly everything you do is of no importance, but it is important that you do it."
Bookmark and Share Compare Reply With Quote


  #10  
Old 09-12-2008, 08:28 PM
prince_charming prince_charming is offline
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
Angry Lot of similer cases

Quote:
Originally Posted by mhtanim View Post
I am not a lawyer, but this is what my understanding: if your I-485 was is pending for at least 180 days and your I-140 was approved at the time when you used AC21, you should be safe. In this scenario, even if the ex-employer revokes your I-140, you should be fine and if USCIS has denied your I-485 based on this, you should be able to fight it.

USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.

I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
After searching on google, i found almost 20 cases on first 2-3 pages itself indicating the denial notice and MTR.

I think they are just sending denials to put us in another limbo.... Its going to be the hardest and longest 10-15 days of my life........
Bookmark and Share Compare Reply With Quote


  #11  
Old 09-12-2008, 08:35 PM
saileshdude saileshdude is offline
Senior Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
09/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/12/2007
Compare
Join Date: Jun 2008
Posts: 250
saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold
Default

Quote:
Originally Posted by jetflyer View Post
Jab fat-ti hai to IV yaad aata hai otherwise just be free rider
What kind of person r u ...This guy received a denial notice for I-485 and u r using this attitude and language.. If you cannot help please do not post such offensive messages , especially towards people who are in need of advice and help.
Bookmark and Share Compare Reply With Quote


  #12  
Old 09-12-2008, 08:42 PM
saileshdude saileshdude is offline
Senior Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
09/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/12/2007
Compare
Join Date: Jun 2008
Posts: 250
saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold saileshdude is a splendid one to behold
Default

This is a very common problem. They are not following their own rules when it comes to 180 day rule of I-140 revocation. And I have heard AC21 letter almost never reaches your file. But because you have filed AC21 , you are in good shape. You have all the proof that you did send the AC21 letter and I-140 was revoked after 180 days.

So you will be able to open this case using MTR. Do not worry , you just need good lawyer to represent you.
Bookmark and Share Compare Reply With Quote


  #13  
Old 09-12-2008, 08:43 PM
prince_charming prince_charming is offline
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
Unhappy Thanks and god bless you

Quote:
Originally Posted by jetflyer View Post
Jab fat-ti hai to IV yaad aata hai otherwise just be free rider
Thanks Jetflyer and God bless you. May god give you green card before anyone else.
Bookmark and Share Compare Reply With Quote


  #14  
Old 09-12-2008, 08:45 PM
prince_charming prince_charming is offline
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 Thanks bud

Quote:
Originally Posted by saileshdude View Post
This is a very common problem. They are not following their own rules when it comes to 180 day rule of I-140 revocation. And I have heard AC21 letter almost never reaches your file. But because you have filed AC21 , you are in good shape. You have all the proof that you did send the AC21 letter and I-140 was revoked after 180 days.

So you will be able to open this case using MTR. Do not worry , you just need good lawyer to represent you.
Thanks buddy.
Bookmark and Share Compare Reply With Quote


  #15  
Old 09-12-2008, 08:47 PM
Aah_GC Aah_GC is offline
Senior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
09/22/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/22/2006
Compare
Join Date: Jul 2007
Posts: 296
Aah_GC is on a distinguished road
Default

I am very sorry to hear about your case. As others are pointing out - it is not all over yet. Make sure you get in touch with a good lawyer and take a good route to fight USCIS.

Also, could you please let us know of your PD? Doesn't look like you are current right?
__________________
Peace is more important than GC

Contributed $700 and made calls to Senators
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
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
I140 Denial notice sent…please help. crao_a Ability to pay issues and other 140 RFEs etc. 6 09-10-2009 06:34 PM
Can we use AC21 without I-485 receipt notice bomber AC21 Portability after 180 days of 485 filing 28 04-07-2008 12:42 PM
I-485 rejection or Notice of denial?? Munna Bhai All other Green Card Issues 9 10-23-2007 05:12 PM
Can I invoke AC21 without I-140 approval notice WeShallOvercome AC21 Portability after 180 days of 485 filing 35 08-03-2007 09:57 PM
I-485 denial with no notice karthik_may Retrogression, priority dates and Visa bulletins 16 07-18-2007 08:56 PM



All times are GMT -4. The time now is 07:39 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org