My labor was filed on March 2004 and its a EB3 petition. My 140 & 485 was filed on September 2004 and 140 was approved on end of october 2004. Myself and my wife did our finger printing during end of Feb 2005. I changed jobs on May 2005 using my EAD. The new employer filed AC-21 portability papers and G28 forms on 15th June 2005 and on June 22nd, there was a LUD on my 140 and 485 applications. Is the LUD's on my 140 and 485 application is becos of invoking AC-21 by the new employer
-----------may be
or would my old employer would have revoked my 140?
---------- may be may be not, becase when they touch the file then LUD change, nobody can say 100% what they did
There was no LUD change on my wife's 485 application.
------------- it will not be becase she has not filed I-485 based on I-140 she is derivative. just to inform you A filed LC then I-140 through A then joined B also filed LC and then I-140 and second I-485. the person and spouse got GC approved last month on the base of I-485 filed through A. and later service center denied second I-485(becase he cant get I-485 approval if got his earlier I-485 approved) in that case denial notice for second I-485 was issued to Primary only NOT to dependent.
My concern was if in case, old employer had revoked my 140, the NOID might go to the lawyer of old employer and my current lawyer might not have a chance to reply to NOID.
------------ but you hired YOUR lawyer and filed G28 with him, It seems that he should have updated USCIS that new lawyer represent to you for all your pending petitions or I-485? if not done let him do it, your wife also need to sign G28 so that new lawyer represent her. once the new lawyer informs USCIS that he represent you and your spouse for I-485 petitions then he will get any RFE or NOID. contact your lawyer with your spouse and your I-485 filing repepts, fill G28 let him send to USCIS
Thanks for your comments.
