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Thread: I-140 revoked after getting EAD...need urgent help

  1. #1

    I-140 revoked after getting EAD...need urgent help

    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 My company replied , but They are not satisfied with the answer, I-140 was revoked last week.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

  2. #2
    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?
    [I]EB3 PD: Dec/21/2007
    EB2 PD: April/01/2009
    Center : TSC
    485 MD: Nov/30/2011 (with lawyer covering letter requesting to convert/interfile/port with EB3 priority date to EB2 category)
    485 RD: Dec/1/2011. 485 ND: Dec/13/2011
    FP Walk in Done: Dec/27/2011. (FP App. Date: Jan/18/2011)
    EAD/AP: Feb/10/2012
    On June/22/2008 USCIS issued new (notice of approval) I140 with EB2 category and PD Dec/21/2007
    GC: Aug/19/2013

  3. #3
    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

  4. #4
    Quote Originally Posted by meetasn View Post
    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.
    Last edited by username; 07-12-2012 at 09:36 AM.
    [I]EB3 PD: Dec/21/2007
    EB2 PD: April/01/2009
    Center : TSC
    485 MD: Nov/30/2011 (with lawyer covering letter requesting to convert/interfile/port with EB3 priority date to EB2 category)
    485 RD: Dec/1/2011. 485 ND: Dec/13/2011
    FP Walk in Done: Dec/27/2011. (FP App. Date: Jan/18/2011)
    EAD/AP: Feb/10/2012
    On June/22/2008 USCIS issued new (notice of approval) I140 with EB2 category and PD Dec/21/2007
    GC: Aug/19/2013

  5. #5
    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!!
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

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