I-485 Pending,Company in Problems

G

gc28727

New Member
Hello,

I am working for company A and got substitute labor EB3 from company B.
I never worked for company B and have no plans to join with them.
Filed 140&485 six months ago and within a month EAD and 140 approved. Submitted finget prints. But I did not get Travel document approvals (RFE on photos, replied 5 months ago, but still pending).
Right now I am on H1b and I still have one more year to go for 6 years.

Recently company B in problems and no one from that company getting any more approvals of 140 or EADs.
My questions/Concerns are:
1. Am I safe now, as I have 140 already approved? Is it possible to get my approved 140 revoked by USCIS for any reason (because of company B problems)?
2. As I did not get travel documents approvals yet, do yo think this is any thing to do with company problems?
3. Using EAD immediately can make any difference?
4. I am planning to send G-28 with new lawyer, Can I use AC21 in this case (don't know if AC21 make sense in this case)?

what else I can/should do to make sure that I won't get into problems in 485 processing?

Thanks in advance.
 
gc28727 said:
Hello,

I am working for company A and got substitute labor EB3 from company B.
I never worked for company B and have no plans to join with them.
Filed 140&485 six months ago and within a month EAD and 140 approved.

Submitted finget prints. But I did not get Travel document approvals (RFE on photos, replied 5 months ago, but still pending).
Right now I am on H1b and I still have one more year to go for 6 years.

Recently company B in problems and no one from that company getting any more approvals of 140 or EADs.

----------------- if your are eligible for AC 21 then invoke AC21
My questions/Concerns are:
1. Am I safe now, as I have 140 already approved? Is it possible to get my approved 140 revoked by USCIS for any reason (because of company B problems)?

-------------- if I-140 approved and I-485 pending more than 180 days I will invoke AC21
2. As I did not get travel documents approvals yet, do yo think this is any thing to do with company problems?
----------may be may be not
3. Using EAD immediately can make any difference?
---- it will invalidate H1 status
4. I am planning to send G-28 with new lawyer, Can I use AC21 in this case (don't know if AC21 make sense in this case)?

what else I can/should do to make sure that I won't get into problems in 485 processing?

Thanks in advance.
Click to expand...
 
gc28727 said:
1. Am I safe now, as I have 140 already approved? Is it possible to get my approved 140 revoked by USCIS for any reason (because of company B problems)?
Click to expand...

Sometimes USCIS "revisits" I-140 even if that is approved and the person invoked AC-21. Atleast that's the idea I got from couple of postings in this forum and also from forum-member "unitednation". Recent memo on AC-21 also confirms the same. While revisiting I-140 (if revisited at all), the financial condition of the sponsoring company at the time of filing I-140 all that matters. Present financial condition won't be a factor for already approved I-140.
 
Re:

Thanks very much ginnu&Pralay.

GotPR? said:
Regarding travel document, did you actually apply for AP ?
Click to expand...

GotPR?,

As I mentioned in my post, I have applied for AP along with 140&485, got RFE on photos soon after EAD approval, replied 5 months ago, but still waiting for approval.
 
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