1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

I-485 Is Pending For Over 4 Years, I-140 Is Revoked.

Discussion in 'AC 21 I-140 Portability' started by nrao9, Sep 6, 2016.

  1. nrao9

    nrao9 Junior Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Hi, this question might have been asked before, but didn't find good information on internet forums.
    My priority date December 2009, EB2, filed 485 in Feb 2012 and got EAD/AP and renewed it multiple times. I had changed my employer in Dec 2013 and started working fulltime for another employer on EAD. last week i have received a notification on my i-140 case that it has been removed automatically. I haven't filed AC21 when i had changed my employer. Could somebody kindly advise, what are the consequences for revoking i-140 on pending 485 and what are the steps i have to take now. Thanks.
     
  2. leo1476

    leo1476 Junior Member

    Messages:
    19
    Likes Received:
    2
    Trophy Points:
    3
    It seems as if your old employer revoked the I-140.

    Now, do hire a good attorney, and send them your new job details showing that AC 21 was invoked. That should take care of it, but I should advise doing this through an attorney.

    If all goes well, your I-485 will not be denied.
     
  3. Kevin Kurian

    Kevin Kurian Attorney at Law

    Messages:
    24
    Likes Received:
    10
    Trophy Points:
    3
    I advise that you contact a private immigration attorney.

    If your 485 has been pending for longer than 180 days, you can switch jobs so long as the new job is in the same or similar occupational classification as the job listed on the original I-140 petition. However, the USCIS can issue an RFE at any time while the 485 is pending and an AC-21 letter may have to be drafted in your case. Effectively, the AC 21 letter would have to prove that your new job is indeed, in the same or similar occupation as the job listed on the original I-140 petition.

    The revoked I-140 can adversely affect your 485, given that the approved I-140 petition is the entire basis for your adjustment, depending on when the revocation took place. If the sponsoring employer withdrew the approved I-140 petition after the 485 had been pending for 180 days, the approved I-140 may still remain valid. You should contact an immigration attorney to discuss the specifics of your case and how to move forward with your green card application.
     

Share This Page