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View Full Version : I-140 cancelled.. what do I do?


dreamer
07-08-2014, 06:03 PM
Sorry for posting in wrong thread.

My Consulting company have filed my GC and my PD is Sep 2008. I have applied for I485 in Jan 2010 and have got EAD and AP. I have took FTE employment opportunity with client in Nov 2013 with similar job roles and transferred my H1B. Recently I have got medical vaccination RFE for me and my wife, which lawfirm have responded. I just got an email from lawyer saying that my I-140 petition has been withdrawn, I have not filed my AC21 yet and am concerned since dates are current as of August 2014 for me. I have took appointment with attorney for this week. I am concerned if it will affect my I485, please suggest.
qesehmk
07-08-2014, 06:12 PM
Sorry for posting in wrong thread.

My Consulting company have filed my GC and my PD is Sep 2008. I have applied for I485 in Jan 2010 and have got EAD and AP. I have took FTE employment opportunity with client in Nov 2013 with similar job roles and transferred my H1B. Recently I have got medical vaccination RFE for me and my wife, which lawfirm have responded. I just got an email from lawyer saying that my I-140 petition has been withdrawn, I have not filed my AC21 yet and am concerned since dates are current as of August 2014 for me. I have took appointment with attorney for this week. I am concerned if it will affect my I485, please suggest.
Dreamer,

Take it easy. This is a technical withdrawal. AC21 protects you from this. Your 485 remains in place as long as you are employed or will have a "same or similar" job offer.

I think you should expect to receive an RFE for an EVL. So you may want to get your new employer on board with this situation. Don't panick. Just talk to your new employer casually. Otherwise there are lot of people who try to benefit from somebody's misfortune.

Best wishes. Bottom line - no need to worry. This should be straightforward.
dreamer
07-08-2014, 06:16 PM
Q,

Thanks a lot for the reply, its a great relief. I might have to talk to my attorney in this regard but just wondering, would you suggest waiting for EVL RFE or file AC21?
qesehmk
07-08-2014, 06:20 PM
Q,

Thanks a lot for the reply, its a great relief. I might have to talk to my attorney in this regard but just wondering, would you suggest waiting for EVL RFE or file AC21?

If this development didn't take place, I would've said don't file AC21. But now the RFE is almost a reality .... so it doesn't hurt to file AC21. It's ok to just wait and sit and see if you get lucky!!
dreamer
07-08-2014, 06:23 PM
Q,
Thanks a lot for your valuable time & response, I really appreciate that!!


If this development didn't take place, I would've said don't file AC21. But now the RFE is almost a reality .... so it doesn't hurt to file AC21. It's ok to just wait and sit and see if you get lucky!!