dotnetrockz Posted February 6, 2014 Report Posted February 6, 2014 You would think that once you received your green card after waiting for years and following all of the right steps, you would be set. But wait, USCIS can go back and revoke your I-140 years after it was approved and even after your green card was approved! Our office recently dealt with this situation. Pursuant to 8 CFR 205.2, a Service officer may revoke the approval of a petition upon notice to the petitioner on any ground when the necessity for the revocation comes to the attention of the Service. The petitioner must be given the opportunity to offer evidence in support of the petition and in opposition to the grounds alleged for revocation of the approval. In this case, Mr. Worker began working for ABC, Inc. on April 1, 2005 in a temporary position pursuant to an approved H-1B petition. ABC, Inc. desired to hire him on a permanent basis and therefore filed an Application for Permanent Employment Certification (ETA Form 9089) on his behalf on November 15, 2006. The I-140 petition was then filed in the EB-3 category on March 12, 2007 and approved. Mr. Worker later left ABC, Inc. and began working for another company. The new company also filed a labor certification and I-140 petition, but in the EB-2 category. Based on the regulations, Mr. Worker was able to retain the priority date from his previous EB-3 case. His priority date later became current, he filed the I-485 application, and upon approval he became a permanent resident in February 2012. Since Mr. Worker was no longer employed with ABC, Inc. and had already obtained his green card, ABC, Inc. requested USCIS to withdraw the approved I-140. A year and a half after obtaining permanent residence, Mr. Worker learned that USCIS had issued a Notice of Intent to Revoke ABC, Inc.’s approved I-140 and the company was given 30 days to respond. The Notice was quite vague regarding what lead the Service to believe revocation was necessary and did not take into consideration the fact that the company had already requested withdrawal of the approved I-140. It simply stated that ABC, Inc. had filed a high number of petitions and must establish that its permanent job offer from 2006 was a realistic one. ABC, Inc. was asked to submit a list of all I-140 and I-129 petitions it had filed, demonstrate that the company had the ability to pay the salary offered, submit evidence that it was still in business, and provide documentation to substantiate its address. There was no indication of what caused the Service to question whether the business still existed, only a generic statement that the company had filed an unusually high amount of petitions. Although Mr. Worker was no longer working for ABC, Inc., the company wanted to ensure that his approved green card would not be impacted. The company also wanted to clear up any doubts the Service may have had regarding its business so that other individuals would not be affected. We drafted the response to the Notice pictured above and submitted 7 years’ worth of company tax returns, business contracts, the lease agreement, invoices and utility bills along with a detailed explanation of the business and its long history. We have just filed it today so hopefully I will be able to report back soon that the I-140 has not been revoked. Fingers crossed! source: http://immigrationgirl.com/i-140-notice-of-intent-to-revoke-issued-6-years-after-approval/
dotnetrockz Posted February 6, 2014 Author Report Posted February 6, 2014 EE post ni chusthe telisindhi enti ante GC Vachaka kuda there will a status problem....with cases like this...
tom bhayya Posted February 6, 2014 Report Posted February 6, 2014 veedi GC ki emi effect undadhu anukunta I-140 revoke chesinaa.. ee post lo naaku matter ardham kaledhu evadi fingers crossed? and evaru respond avuthunnaru?
dotnetrockz Posted February 6, 2014 Author Report Posted February 6, 2014 veedi GC ki emi effect undadhu anukunta I-140 revoke chesinaa.. ee post lo naaku matter ardham kaledhu evadi fingers crossed? and evaru respond avuthunnaru? aa site owner oka pramukha lawyer(tx lo)...emily ani.....ame respond avuthundhi....but naku kuda adhe feeling ame correct ga mention cheyyale case gurinchi ikkada ABC vadi i-140 revoke chesthunnada leka veediki GC Vachina i-140 revoke chesthunnado clear ga mention cheyyaledhu
tom bhayya Posted February 6, 2014 Report Posted February 6, 2014 EE post ni chusthe telisindhi enti ante GC Vachaka kuda there will a status problem....with cases like this... nenu ninnaney trackitt lo chusa okasaari GC vachaaka paatha I-140 valla em problem kaadhu ani....
mettastar Posted February 6, 2014 Report Posted February 6, 2014 veedi GC ki emi effect undadhu anukunta I-140 revoke chesinaa.. ee post lo naaku matter ardham kaledhu evadi fingers crossed? and evaru respond avuthunnaru? I140 revoke aithe GC biscuit ey.. but Veedi kotha employer I-140 apply chesadu kada.. Ayina patha 140 revoke chesthe kuda prob aa.. interesting
dotnetrockz Posted February 6, 2014 Author Report Posted February 6, 2014 nenu ninnaney trackitt lo chusa okasaari GC vachaaka paatha I-140 valla em problem kaadhu ani.... yes nenu sheela murthy blog lo inthaka mundhe chadiva...once i-485 approve aithe...... vere issues emi undavu ani kaani ee story jamba lakidi pamba laga undhi...
tom bhayya Posted February 6, 2014 Report Posted February 6, 2014 aa site owner oka pramukha lawyer(tx lo)...emily ani.....ame respond avuthundhi....but naku kuda adhe feeling ame correct ga mention cheyyale case gurinchi ikkada ABC vadi i-140 revoke chesthunnada leka veediki GC Vachina i-140 revoke chesthunnado clear ga mention cheyyaledhu http://www.trackitt.com/usa-discussion-forums/i140/1290990107/i140-revoked-after-gc-approved
Silent_Boy Posted February 6, 2014 Report Posted February 6, 2014 Ila kuuda untunda... Should be very careful when proceeding GC process or jumping to another company
dotnetrockz Posted February 6, 2014 Author Report Posted February 6, 2014 http://www.trackitt.com/usa-discussion-forums/i140/1290990107/i140-revoked-after-gc-approved yeah ithanu and aa lawyer post lo mention chesina athanu same anukunta bcoz both of them got their GC in feb 2012......kaani andhulo okathnu post chesadu company fraud valla emanna unte approved GC kuda impact undochu ani.....
BillMarkSteve Posted February 6, 2014 Report Posted February 6, 2014 Nissan uu : Asale opt opt stem inka h1b filing transfers tho janalu poskunntu vunte nuvvu emo... After 6 years of GC approval..i140 revoked ani oka thread esi malli daani meeda discussions.. Asalu nuvvu kadupuki rice thintunava biryani thintunava... http://www.desigifs.com/sites/default/files/CS-3.gif
c_how_dare Posted February 6, 2014 Report Posted February 6, 2014 Enti Emo manam Inka opt lone vunnamu :(
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