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Dimitar Michailov, Immigration Lawyer
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Dimitar Michailov
Immigration Lawyer
(888) 878-4721
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Law Firm: Capitol Immigration Law Group LLC
Location: Washington, DC 20006
Practice Areas: U.S. Immigration Law (100%)
Specialization: all aspects of immigration law
Website: www.cilawgroup.com
Posted on 08 Feb 2010
Q.

I140 revoked after 485 pending for more than180 days, AC21 filed

Prev. employer revoked approved I140 after I485 was pending for 3+ yrs. I recieved a NOID on I-485, and my attorney filed AC21 10 days ago. The status on USCIC web site before the NOID for I485 was "Initial review" with date of reciept of Aug 24th 2007. The same status continues to exist after NOID as well. The last updated date on I-485 says 02/05/10. The last updated date on I-140 says 02/04/10 with a status of "mail undeliverable" (prev employer moved).
1) Would there be any indication to let me know AC21 filed was accepted?
2) If after 60 days the status does not change on I485 does that implicitly mean they are satisfied?
3) Do they send a letter they are reapproving I-140 to signal AC21 acceptance?
3) Worst case:If 485 gets denied does MTR ASAP allow me continued EAD priveleges?

User's Location: Columbus, Ohio, United States of America
Category: Employment Green Card
Posted by Dimitar Michailov on 08 Feb 2010
A. Hello and thank you for your questions.

1. Unfortunately, the government does not provide any confirmation that AC21 has been received and accepted. Generally, a last updated date change on the I-485 is an indication that the AC21 has been received.

2. This is not a guarantee, although if they were to deny it, they most likely would have done so within 60 days.

3. No, no such letter is sent.

4. Yes, you should be able to continue EAD after your MTR is accepted by USCIS.

Best regards.
 

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.

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