My I-140 was approved in Aug 2004. In Feb 2006 I moved with new company with a fulltime offer, I availed AC21 portability for this. Since then I have been working using my EAD. During the last five years I have changed job 5 times all on EAD. Presently I'm settled with a fullTime job.
In Jun’2010 I received an RFE on I-485 asking my transcripts of W2’s & Tax Returns for last 7 years, which I replied.
On 24th Dec 2010 I received a denial notice on 1-485 dated 17th Dec. Reason "petitioning company's inability to pay me proffered salary." Which caused revocation of I-140 and subsequent denial of I-485. Upon checking the status of I-140 I found that that on 23rd Nov USCIS mailed documents to my petitioning company which went undelivered.
I found out that the petitioning company moved 3 places during last 5 years. They are not ready to help me in any regard in this situation, reason –
1. I’m no more their employee.
2. They are saying that USCIS will counter question them as to what their interest in this employee as he is no more working for them.
Meanwhile my present company filed a new H1B1 on the same day I got the denial i.e. 17th Dec.
My lawyer saying is that on what grounds we can file MTR as the petitioning company is not ready to cooperate. Is he right here ?
I guess following are my only options.
1. I’m trying to persuade the petitioning company to provide me with the address change documents, so that I can file MTR atleast on these basis.
2. Forget about my I485 and bank on the hope that my new H1B1 gets approved.
What should I do ?
In Jun’2010 I received an RFE on I-485 asking my transcripts of W2’s & Tax Returns for last 7 years, which I replied.
On 24th Dec 2010 I received a denial notice on 1-485 dated 17th Dec. Reason "petitioning company's inability to pay me proffered salary." Which caused revocation of I-140 and subsequent denial of I-485. Upon checking the status of I-140 I found that that on 23rd Nov USCIS mailed documents to my petitioning company which went undelivered.
I found out that the petitioning company moved 3 places during last 5 years. They are not ready to help me in any regard in this situation, reason –
1. I’m no more their employee.
2. They are saying that USCIS will counter question them as to what their interest in this employee as he is no more working for them.
Meanwhile my present company filed a new H1B1 on the same day I got the denial i.e. 17th Dec.
My lawyer saying is that on what grounds we can file MTR as the petitioning company is not ready to cooperate. Is he right here ?
I guess following are my only options.
1. I’m trying to persuade the petitioning company to provide me with the address change documents, so that I can file MTR atleast on these basis.
2. Forget about my I485 and bank on the hope that my new H1B1 gets approved.
What should I do ?