PDA

View Full Version : I-140 revoked after getting EAD...need urgent help



meetasn
07-12-2012, 01:52 AM
Here is my case.

Applied Labor in April 2008 got approved in a month.
Applied I-140 in August got approvals in 15 days
My PD got current in Jan 2012 applied I-485 Got EAD/AP
In April 2012 got Notice of intend to revoke I-140, based on ability to pay. My company replied , but They are not satisfied with the answer, I-140 was revoked last week. have only 15 days to file MTR. Please help me
My h1b expired on April 2102, applied extension got approvals in upto April 2013. My H1 was approved, when I was in vacation. I entered using EAD.

I completed 6 years stay in US with approved I-140 got 3 years extension completed that also, now I got one more year extension for H1B.
I want to stay 2 more years, Please let me know, what are my options.
1. If my company opens MTR, how long it will take to get decision?
2. Can I go for MTR or AAO appeal?
3.Do I need to submit Change of status from EAD to H1?
4.Since I have completed 180 Days after filing I-485, Can I invoke AC21?
5.Open MTR/AAO and apply for H1 through another company?

Please suggest

username
07-12-2012, 09:07 AM
Sorry to hear this from you.

It is only you got Notice of intend to revoke I-140 based on ability to pay or everyone who filed GC in your company are getting?

What's your company name?

Is your company in financial trouble?

Did any employee complain DOS about your company not paying wages?

meetasn
07-12-2012, 09:13 AM
It seems they applied I-140 for some other person.
While reviewing the application, They started send NOID's.
First NOID got for some one, They didn't answered since, that guy is already left the company? So next is my turn. They replied for me with all documentation.
They are not satisfied with answer,finally got Decision of revoking the I-140

username
07-12-2012, 09:30 AM
It seems they applied I-140 for some other person.
While reviewing the application, They started send NOID's.
First NOID got for some one, They didn't answered since, that guy is already left the company? So next is my turn. They replied for me with all documentation.
They are not satisfied with answer,finally got Decision of revoking the I-140

As per me your best bet is to invoke AC21 ASAP with strong financial company. Consult your (private) attorney today and asked him whether you can invoke AC21 if I140 underlying 485 is denied? I believe for H1B transfer (beyond initial six years) you need approved I140.

What is your company name? It will be tremendous help to others not to join your company.

qesehmk
07-12-2012, 02:07 PM
Meets very sorry to hear. IMHO AC21 may not apply hear. So be prepared for that.
Appeal etc. Is a must. Also consider suing uscis. Given that they are revoking after 4 years since approval, u may have good chance of winning if your pay hasn't reduced since 2008.
Pl.consult a lawyer.

PS pardon my android for spellings!!