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Immigration Issues/H1b revoked after using EAD

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QUESTION: I have I-485 pending since 2007.  In May 2009, my former employer filed for H1b extension and it was approved in Oct.  A site visit was conducted early 2010 and I was on vacation in at the time.  At the time, both my employer and I think this was for the I-485 case.  In Jan. 2011, I got a new job from another company and started using EAD.  In Nov. 2011, an NIOR was received on my H1B extension referring to the site visit and my former employer responded with required documents and request to withdraw the case since I'm no longer working for them.

An NOR was received dated Jun. 19, 2012 saying that my former employer didn't respond to an NIOR sent on Feb. 29, 2012, which was never received, and thus the case is revoked.

At this point, I checked the case status online, which says documents were received on Dec. 20, 2011 and the case is in Review.

My question:
1. Does this revocation letter affect my I-485 case?
2. How should my former employer respond to this revocation letter?

ANSWER: Dear Katie:
As per info provided, first, Notice of Rejection in Nov. 2011 which the [ex] employer responded; then Notice of Rejection in June 2012 for not responding to Notice of Rejection in Feb. 2012 which was never received; but the status says that the case is under review. This may only be a typo or clerical mistake.

You may call the customer service to clarify the issue and/or write a letter; however, in any case when the extension has been requested to be withdrawn you may not get any benefit thereof.  The only think you could request is status of the case withdrawn.  

1. It may not; but make sure you keep all your records up-to-date.
2. Submit letter of clarification with evidence of responding with supporting documents and copy of status printout.  

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

---------- FOLLOW-UP ----------

QUESTION: Thank you for the reply!  So how does this affect my I-485 case?  My EAD is expiring by the end of the year and I'm planning to renew it soon.  How will this affect the renewal?  How about my AP renewal?

What's the difference between revoke and withdraw the case?  How will have the withdraw status affect my I-485 case?

Thanks!

ANSWER: As I said, it may not - as long as you can show maintaining lawful status until you filed I-485 application.  

No effect on renewal of EAD.

Revoke - is cancellation/dismissal for certain grounds and withdrawal is - non prosecution (you do not intend to pursue the matter.) As said, earlier - I-485 will not have contrary effect as long as you can show having maintained lawful status in the U.S until filing of I-485.  

However, if your I-485 is employment based through the same employer who withdrew your H1B, then it will be some-what dicey, otherwise you would be fine.  

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  


---------- FOLLOW-UP ----------

QUESTION: I do have both H1B and employment based GC sponsored by the same employer.  So what do you mean by dicey?  And which would be worse, revoke or withdraw?

I'm looking for EB2 employement based GC sponsor right now.  And I know that EB2 quota has been filled for 2012.  So even if I file for I-140 now, the latest I can file for I-485 will be this Oct.  So my question is which one is better to solve my current situation, stay with current I-485, or start new with new EB2 GC?  If later, how should I avoid the negative impact on the revocation?

Thanks!

Answer
Dear Katie:
Please understand too many follow-up' on a forum with limited information would not be meaningful at all - either to you or to an expert. However, with dicey I meant a question on employers intention of sponsoring you; but as long as you have an employer ready and willing to hire you on the said position at the time of final processing of I-485 application - you are absolutely fine.  

Starting anew or staying with current depends on your current priority date.  

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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