I am in dilemma as USCIS has reopened my approved I-140 case after two years. I have explained my case below. I am new to this forum and would greatly appreciate if you could share your advice.
My employer filed for my I-140 in March 2004 using a substitute labor. My I-140 was approved after 4 months in July 2004. The substitute labor used for me was supposedly was used by an ex-employee who switched jobs using AC-21 portability. Two years after, USCIS has reopened my I-140 case. They had sent a RFE to my lawyer two weeks ago but he has not responded to my request to share the nature of the RFE. I am almost certain that it pertains to re-using a labor which is linked to another (ongoing or approved) GC application. I do not know if the previous employee who used that LC has received his/her green card or still waiting for it.
My understanding is that if previous employee received his/her GC then my employer can not use that LC for my I-140, which means that my I-140 will be denied.
Is that true? Can my attorney defend reuse of that Labor even though it may have been used by someone else to receive GC?
Will my EAD be valid if I-140 is denied? Can I continue working on my EAD until it expires even though I-140 may have been denied?
Has anyone else been in this situation? Please let me know what are possible options for me in this case. Should I consult another lawyer?
Thank You!!
My employer filed for my I-140 in March 2004 using a substitute labor. My I-140 was approved after 4 months in July 2004. The substitute labor used for me was supposedly was used by an ex-employee who switched jobs using AC-21 portability. Two years after, USCIS has reopened my I-140 case. They had sent a RFE to my lawyer two weeks ago but he has not responded to my request to share the nature of the RFE. I am almost certain that it pertains to re-using a labor which is linked to another (ongoing or approved) GC application. I do not know if the previous employee who used that LC has received his/her green card or still waiting for it.
My understanding is that if previous employee received his/her GC then my employer can not use that LC for my I-140, which means that my I-140 will be denied.
Is that true? Can my attorney defend reuse of that Labor even though it may have been used by someone else to receive GC?Will my EAD be valid if I-140 is denied? Can I continue working on my EAD until it expires even though I-140 may have been denied?
Has anyone else been in this situation? Please let me know what are possible options for me in this case. Should I consult another lawyer?
Thank You!!