please kindly help tricked by a greedy employer

[1gcisadream]

Please kindly help i-140 issue trciked by greedy employer

Employer A

Story Prior to June 2007:

Green Card Dates

PD Apr 2003

Labor approved Dec 2005

I-140 approved Jan 2006

1-485 was not filed because of no concurrent filing.
education qualifications :Bsc,MSC


Employer A is worst pay master want to keep 70% of billing rate so I moved to Employer B by transferring H1B but employer B is a Fortune 500 company with lot of restrictions on gc filing filed only in Jan 2008

In June when priority dates opened up my previous employer ( Employer A) contacted all who left the company and offered too file 485/ead/ap/fingerprints provided we pay money of $5k.

Because my GC is going nowhere with employer B I got tempted and paid Employer A and my i-485 is filed

I got my EAD took finger prints got 1-485 receipts for august 2 2007

I was very happy there is some movement on my green card after being in 8th year in this country.

Real issue is

I just got to know this week My Greedy Employer A
had sold my labor to another gentleman before
June 2007.His labour was approved in March 2007 and i-140 filed in May 2007 he too filed his 485/ap/765/fingerprints.He got his EAD and I-140
is not approved.
This my employer A had never revealed to me when he offered the offer in June 2007 I taught his intentions where to make money he tricked me.

my 485 filling is past 180 days .

Please let me know who will have right over the labor.

Can I have some hope on this green card filing
What will be my status
My i-140 is approved Jan 2006 and 485 Receipt Aug 2nd 2007

Will my labor substitution is having more right he is currently under my employer A payroll and denies to talk to me and believes that there is no
problem and doesn't understand the situation.
He is a fresher to this country and came one year back on h1b of another company switched for labour subsitution

Employer A is typically inaccessible after
I asked him about this information.

Thanks in advance for going through my long story
any advice greatly appreciable.

thanks

godgivesgreencard

 

[Jackolantern]

Your I-140 was filed and approved with that labor. The labor can't be used again for anybody else (possible exception is if they revoke your I-140 first, which they obviously didn't do at the time you filed your I-485). Once they get around to looking at his I-140 properly, his should get denied, not yours.

But what do you mean his labor was approved in March 2007, if he was using yours which was approved in 2006?

 

[nj_skm]

Employer A is typically inaccessible after
I asked him about this information.

You most probably won't take my advice but here it is: talk to employer A, tell him that you'll sue him for what he did to you. Tell him that you'll complain to DOL and USCIS about what he's done. Be firm and be ready to actually go ahead with the threat.
He'll do everything he possibly can to cooperate.