Potential Precedence Case - I485 denial + MTR questions

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mohicanMTR

Registered Users (C)
Background-
PD: Oct 22nd 2002, EB3, India
I140 and I485 filed concurrently in Oct 2004
I140 approved in Feb 2005
Changed jobs in June 2006
Previous employer revoked I140 and substituted labor in Dec 2006
Never notified of all this happening in the background, until I485 denial in Oct 2008. Did not get letter until Jan 2009. Filed for MTR last week.
Have backup H1b that expires in June 2009

Question to members, experts and ginnu:
1. Are there ways to expedite the MTR?
2. I entered on parole and have approved H1B petition--I think I am incurring out of status stay since Oct 16th 2008 (date of I485 denial) and hence need to go back to India (no canada/mexico) and get H1b stamped. My question is that after H1b stamped and I return to US, can I extend H1B based on pending H1b?
 
mohicanMTR said:
Background-
PD: Oct 22nd 2002, EB3, India
I140 and I485 filed concurrently in Oct 2004
I140 approved in Feb 2005
Changed jobs in June 2006
Previous employer revoked I140 and substituted labor in Dec 2006

---------------- If the employer revoked I-140 and other person I-140 was filed based on substituted LC and other person got I-140 approved and filed I-485 and his I-485 got approved then you will not get anything. Same LC can’t be used for two GC.
You used AP if you are working with same employer who filed latest H1 then you are on H1 status (according to USCIS MEMO) you can also go out and can enter on H1 status.
for more info you should contact your lawyer.
Click to expand...
 
Last edited by a moderator:
based on consultation with murthy

People have got green card on 1 LC two card situation--it is rare, but I paid today to speak to murthy attorney and they have won the case. Thanks anyways.
 
update

But attorney murthy has won and got an applicant a GC. So what you are saying is that filing a new labor is the only option--to which I disagree since when LC substitution was legal--there were so many instances such as these...i
 
mohicanMTR said:
People have got green card on 1 LC two card situation--it is rare, but I paid today to speak to murthy attorney and they have won the case. Thanks anyways.
Click to expand...

USCIS do not approve two I-485 based on same LC. If A gets I-485 approved on LC-1234444 then B cant get I-485 approved on same LC-1234444. employer who filed LC then I-140 for B or B should know if B got approved or not.
 
mohicanMTR said:
But attorney murthy has won and got an applicant a GC.
---------------Every case is different I don’t know about the case details that Murthy law office has won.
So what you are saying is that filing a new labor is the only option--to which I disagree since when LC substitution was legal--there were so many instances such as these...i
Click to expand...
You should not believe me I only posted my opinion .you should believe your lawyer as you are paying him/her and act according to his/her advice.
 
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