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485 denied: Urgent Help needed

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Posted by hibernate (71) 14 Jan 2013#1
Hi Gurus,

I would really appreciate if you can provide advise to me...

Here is my case details:
I-140 filed: Feb 2007
485 filed July 2007 (was on H1B with same employer)
I-140 approved on : Jan 2008.
switched empoloyer in march 2010 and sent AC21 letter.
received I-485 straight denial:

Here are the important words as writeen (let me know if you need any other info).

A review of your file indicates that an immigrant petition for alien worked (Form I-140) was filed by XYZ on Feb xx 2007, which was withdrawn by the petitioner on Feb xx, 2012. Form I-140 was subsequently revoked on July xx, 2012. A review of USCIS records fails to demonstrate that you are the beneficiary of an approved immigrant visa petition.


I can't appeal the case but can file MTR (reopen/reconsider) within 30 days.

My question is why was I denied without NOID when we filed AC21? It doesn't mention the exact reason of I-140 revocation. Am i missing reading between lines? Could it be that I-140 was revoked for fraud or anything else? I would appreciate any help on this as I am going to be out of status and not sure what should I interprete out of this denial and what should be the ground of MTR.
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Posted by emmanuelmathew (71) 16 Jan 2013#2
That's unfortunate. Let us know the progress on this please. Curious to know what caused this. Do not worry everything will be Okay.
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Posted by Aariya (229) 21 Feb 2013#3
to hibernate:

If you will, can you please share your progress here?
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Posted by hibernate (71) 21 Feb 2013#4

If you will, can you please share your progress here?

to Aariya:



Filed MTR and it is waiting game hoping things would fall back in place.
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Posted by Dumass (42) 22 Feb 2013#5
To hibernate:

USCIS notice says withdrawn and later revoked. Was the revocation based on withdrawal or other reasons. You have listed 2 I-140 - was the first one EB3 and the next one EB2. Hope things get resolved quickly in your favor. All the best.
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Posted by hibernate (71) 22 Feb 2013#6

To hibernate:

USCIS notice says withdrawn and later revoked. Was the revocation based on withdrawal or other reasons. You have listed 2 I-140 - was the first one EB3 and the next one EB2. Hope things get resolved quickly in your favor. All the best.

to Dumass:



Based on I-140 revocation letter that I got from my previous employer, yes it says "automatically revoked based on petitioner request" on same date mentioned on denial letter. 3 different attornies I talked to including Murthy one, shared same feeling based on all these that it is revoked based on withdrawn and hence, AC21 should just apply.

I only had one 140 all along. EB3. I wish i had filed new labor and I-140 with new employer but in hind sight i never knew of such nightmare as my case was straight forward otherwise.
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Posted by Dumass (42) 22 Feb 2013#7
To hibernate:

I think you will be fine. Just hire a good lawyer and get your case underway ASAP. Since your I-140 has been approved and I-485 has been pending for more than 180 days after I-485 was received.

Hope you have enough time on your H-1B to get another Perm and I-140. If this is true, then check to see the possibility of porting into EB2.

All the best and do post progress on your case.
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Posted by MumLad (243) 01 Mar 2013#8
to hibernate:

I know it is difficult time for you and no matter what anyone will say, until and unless the whole thing sets perfectly alright, your life will remain upside down.

You should be fine. This is exactly similar case of me. It takes 90-120 days to get MTR reopened and after that it takes 1-2 months if your date is within 485 processing time to get approved.

I have also replied to you in an email
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Posted by hibernate (71) 12 Apr 2013#9
Would like to update the thread that I have GC in hand now. do not be afraid of using AC21 opportunity but do keep h1b backup if you have a chance.
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Posted by trac (6) 19 Sep 2013#10
When 485 is denied, what happened to your wife's status. Was she working on EAD, and she went out of status?
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Posted by ray485 (3) 05 Nov 2015#11
to trac:

hibernate,
Were you and your wife working during the Jan2013 to March 2013 time Denial duration till you got GC?
I am in the exact same situation and filed MTR, Oct 2015 got denial ,
Changed Emp Oct 2014
Ac21 filed Dec 2014
Prev emp I140 revoked Apr 2015
Oct 20 2015 , 485 denial
MTR filed Oct 30th 2015 and waiting, today nov 5th.
my PD is jan 2007, I40 originally approved on May 2007. and after 7yrs i moved to new Emp on Ac21. (filed in Dec 2014) within 1month after change
Current PD is dated Aug 2006 (Eb2)
Question is where you working while MTR in process.
I have only one I140 and same Eb2 category in both emp.

ray
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Posted by GC4S (6) 09 Feb 2016#12
to ray485:

Hello Ray,

Did you get any response from uscis ?
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Posted by testdice (38) 07 Jun 2016#13
Bump, After reading this thread, now i'm not sure if I should take a new position. My PD is Nov 2009, Have an EAD till 2017.
Dont know when I'll be current and still a waiting game after being current.
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Posted by venugv (231) 17 Jun 2016#14
to testdice:

My advice: go ahead and switch jobs. Keep a H1B as a backup in case required. I have changed jobs many times during my 9 years' wait time and got my GC just fine! Just make sure to file AC-21 letters every time and you would be fine. Good luck!
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Posted by chraju (299) 21 Jul 2016#15
to venugv:

what do you mean by keep a H1B as backup? once you moved to EAD can we change the status to H1B?
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Posted by venugv (231) 21 Jul 2016#16
to chraju:

Yes, you are allowed to switch to H1B from EAD, provided you are able to get your H1B extended. Mine was lapsed for too long and USCIS wanted me to go for consular stamping. That is bad news, as my attorney warned me that doing so will stop my Green Card process.
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Posted by chraju (299) 21 Jul 2016#17
to venugv:

Thanks for you reply Venu.

Okay I am planing to switch to EAD with new employer(Indian big IT company and they are not ready for h1 transfer).

I have my current H1B valid till Oct 2018 and if I move to on EAD status if some thing happened for my pending I 485 then can I switch back to old employer on H1B?

May be I am thinking too much - my pd is March 2009 couple months back I got RFE on medicals also.

Thanks.
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Posted by venugv (231) 21 Jul 2016#18
to chraju:

Raju,
You are smart to have a backup H1B in case of any issues with I-485 (hopefully not in your case). Keep your H1B updated and you will be fine. Just don't let your original H1 lapse, and you will be fine. Your employer should be co-operative and work with you to file an H1B extension as a backup for your I-485 (don't know why yours is hesitant). You can go back to your old employer in case something happens, as you have a valid H1B from your old employer. Good luck.

Venu
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Posted by lakshmigopi (44) 16 Jun 2017#19
to hibernate:


Hello Sir

What about your case ? Or you Ok now. We should not believe the Companies as they doing wrong things....Thanks

Would like to know , if there is good news to share ? God bless you my dear.
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