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I-485 is denied bcz my I-140 is withdrawn by employer

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  • I-485 is denied bcz my I-140 is withdrawn by employer

    My GC was applied in EB2 category. Due to personal issues, I resigned my job in US last August and had to go to India.Therefore my H1B got canceled and I didnt renew my Advanced parole too. My priority date bacame current this month. I received a letter last week from USCIS saying my I-485 was denied because my I-140 was withdrawn from my previous employer,so I-140 is revoked. I am still in India and working here. I am planning to move back to US in 1-2yrs. What can i do at this point to reinstate my I-140 and I-485? The letter from USCIS says that I have 30 days to file a motion(no appeals) using Form I-290B to reopen or reconsider this case. Please let me know what are my options at this point to reinstate my I-140 and I-485.

  • #2
    Basis for I-485

    Originally posted by cmos View Post
    My GC was applied in EB2 category. Due to personal issues, I resigned my job in US last August and had to go to India.Therefore my H1B got canceled and I didnt renew my Advanced parole too. My priority date bacame current this month. I received a letter last week from USCIS saying my I-485 was denied because my I-140 was withdrawn from my previous employer,so I-140 is revoked. I am still in India and working here. I am planning to move back to US in 1-2yrs. What can i do at this point to reinstate my I-140 and I-485? The letter from USCIS says that I have 30 days to file a motion(no appeals) using Form I-290B to reopen or reconsider this case. Please let me know what are my options at this point to reinstate my I-140 and I-485.
    Presently as things stand you have no basis on which to apply for 485/AOS your best option is to find another employer to apply H1B for you and start all over again, unless your withdrawn I-140 has been approved for more than 180days then you may transport it to another employer even with that, since you are out of the US, without a Parole you will need a visa status to come back to the US. Consult a season immigration attorney not just any cheap one or a run of the mill one.
    Goodluck.

    Lionofafrica

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