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Ac21 - 140 Revoked

Discussion in 'AC 21 I-140 Portability' started by KP76, Apr 9, 2015.

  1. KP76

    KP76 New Member

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    Hi Ron,

    In 2010, I was working for a company 1 and filed for GC in EB2 and labor got denied and applied for EB3, it took a while to get the Labor approved, so i approached a new company 2 and company 3 to file GC for me on a future employment basis, and both companies agreed and filed the EB2 in 2010 and got the 140 approved. In mean time the EB3 got approved (with the priority date 04/01/2010), which was just in time for the EB2 I-485 in 04/2012.

    in 2012, i approached the company 2 and 3 to port the date of EB3 and apply for the EB2 I-485, Company 2 agreed to do it, I-485 was applied, and i have received the EAD and etc, the agreement with the company 2 was, that i will be able join the company after i receive the GC only. I have applied for the EAD renewal in 2013 and got it approved for 2 years and now its time for another renewal.

    In mean time, i was out of project for about 7 months and i could not join the Company 2 which filed my I-485, and i had work on w2 with the vendor company using my EAD and i was trying to become a full time employee with the client and client instead go the I-485 case details, i have used the FOIA and got the documents and now i found that the Company 2 who filed my I-485 has revoked the I-140 in 05/2014 with out my knowledge and it was approved on 08/2014. Now my I-485 has a revoked EB2 I-140 and active EB3 I-140. and i also came to know that my GC was filed with 192k from SFO, making that much money is really tough.

    1. will it be okay to join full time at 90k + bonus(10k) + Benefits (may be equals to 120k )in town in NC

    2. I have applied for the EAD renewal in Feb 2015 as it is expiring on 4/26. its only 65 days now cannot raise the SR. will raising the Expedited request create a problem to me?.

    Kindly suggest me next steps for me, so that i do not loose my job and have the EAD on time
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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  3. KP76

    KP76 New Member

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    Thx allot Ron, i have gone through all the links which you have provided, they were very helpful.

    The only question which i have now is, should i expedite my application for EAD renewal, since my application date is below 75 day, they would ask me for the employer verification letter. in that case,should i provide AC21 letter or just a normal employment verification letter is sufficient. I do not want to invite troubles.kindly suggest me.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They won't ask for an employer verification letter in connection with an EAD renewal. If they issue an RFE on your I-485, asking for an EVL, just get one from your current employer.
     
  5. KP76

    KP76 New Member

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    Thx allot for your response. Really appreciate your help in this.
     
  6. KP76

    KP76 New Member

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    Ron, one final question to you... can we work on the EAD receipt ? or do we need to wait until EAD is approved? like we can work on H1b extension receipt.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to wait until the EAD card is in your hand.
     
  8. KP76

    KP76 New Member

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    thx allot for your help.
     
  9. KP76

    KP76 New Member

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    Hi Ron,

    Found latest news, as you know from my post/ thread that my employer who has filed the I-485 has revoked the I-140... and it seems that UCSI has automatically picked up my another I-140 which was approved from a different employer.

    Now, I have contacted the other employer and said that he had an audit issue and indicated USCIS that, i am not working with them, but the I-140 is still active.

    I this case, if i have to file AC-21, which job description should i match, the one who applied my I-485 with revoked I-140 or the one which is sort of active and linked to my I-485. the job description is different for both the petitions.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should send them an EVL with an honest job description.
     

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