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I 485 Denial - Previous I 140 Revoked For A Cause

Discussion in 'AC 21 I-140 Portability' started by kriszc, Oct 30, 2014.

  1. kriszc

    kriszc New Member

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    My Priority date : EB2 - July 2006
    I 140 approved in 2007
    Filed AOS in 2007
    Changed employer in July 2011 - filed AC21 with New employer
    USCIS sent NOIR on I 140 in 2012 - Previous employer responded to NOIR while withdrawing the application saying that employee ( myself ) no longer works with them
    USCIS refused I 140 for a cause in 2013 while ignoring the withdrawal request
    I 1485 denied - Filed 2 MTRs - First one denied citing that I am not eligible for AC21 since I 140 was revoked for a cause. Today received one more denial letter on I 1485 citing the same reason.

    My Questions
    My attorney mentions that USCIS is holding on to the old manual when they are saying that AC21 would not be eligible when "Revoked for a cause". It seems that as per new amendment in 2008 , an individual will not be eligible for AC21 only when underlying I 140 is revoked for fraud.

    If this is true - Why would USCIS ignore it in the refusal letters still citing the regulation from old manual.

    2) What are my options if my second MTR also gets denied - My attorney sent the proper response in both the cases. I am in the same or similar occupation when I moved to the new employer.

    Thank You
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You really have to discuss this with your attorney. I can't comment on cases where people are represented by counsel.

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