I have complicated case and need help. Thanks for reading
1. I was working on H1 with employer A he filed LC that got approved in 2000 and later filed I-140, when he filed I-40 I was working with A and many employees of A were on bench and I had finished project and I asked employer what will be my situation, his reply was” you will be on bench and will not be paid” till you get new project I immediately searched job and filed H1 transfer with new company B and company B H1 transfer got approved and I started working with B on H1 the day I got H1 transfer filing receipt ( this all happened in 2001)
2 Later I came to know that my I-140 has been approved through A (please note at that time I am not working with A)
3 Later I met a lawyer and he advised me to file I-485 with I-140 filing receipt and told me that if I-485 is pending more than 180 days I may be able to use AC21 (at that time no AC21 august 2003 MEMO was published) I took the risk and filed I-485 on the advice of the lawyer with NSC in September 2002.
4 Till date I am on H1 of B. Lawyer also advised me to file new LC as back up through B, B filed LC that got approved and later B filed I-140 that also got approved 5 days back days back according to online status (I did not file new I-485 based on B I-140 as I read that it is not advisable file new I-485)
4a. I have not sent AC21 letter or updated the service center to use Ac21 till date
5 my file got transferred to Local office and I have got Interview date
2 Employer A closed the company in 2003, (company closed shop after I-485 was pending more than 1 year and I-140 online status still shows I-140 approved and this company at present just exist on paper)
3 I met the lawyer who filed my I-485 to draft AC21 letter and so that I get it signed by employer B as I have the same job duties and I can take it for my Interview. To my surprise the lawyer who is handling my case is now saying that my I-485 may be denied because I was not working with A at the time of I-140 approval.
I asked the lawyer that AC21 august 2003 Memo does not say anything about the above what he is asking. He said that I don’t know so many things about immigration law and many things keep on changing. I don’t know if he is trying to scare me or trying to get more money or giving correct opinion
5 One of friend who worked with company A informed me 3-4 days back that employer A may have sold the LC that was approved for me and new person may have filed I-140 based on LC substitution, my friend is sure about it because that Desi employer can do anything. My friend does not know when it could have happened or may not have happened.
6 At present the online status shows I-140 approved, I also got EAD first time when I-485 was filed and I got EAD renewd in August 2003(EAD never used)
7 When the service center transferred my I-485 to local office for Interview doesn’t the service center need to send RFE or NOID to me if the I-140 is revoked? I have read AC21 memo and it says if I-140 is revoked service center will send RFE or NOID
Or I should conclude that I-140 is not revoked or even if my past employer tried to revoke it he may have done it when my I-485 was pending more than 180 days and CIS may have not revoked it. Or why the service center will transfer the I-485 for Interview What is the opinion of Gurus?
8 I received finger printing notice from local office and did FP few days back
Local office have just asked current employer letter, W-2, I-94, tax papers, recent 3 pay stubs,any EAD AP
What are my chances to use AC21? Do you think the case may be denied?
Help and guidance needed. Thanks in advance.
.
1. I was working on H1 with employer A he filed LC that got approved in 2000 and later filed I-140, when he filed I-40 I was working with A and many employees of A were on bench and I had finished project and I asked employer what will be my situation, his reply was” you will be on bench and will not be paid” till you get new project I immediately searched job and filed H1 transfer with new company B and company B H1 transfer got approved and I started working with B on H1 the day I got H1 transfer filing receipt ( this all happened in 2001)
2 Later I came to know that my I-140 has been approved through A (please note at that time I am not working with A)
3 Later I met a lawyer and he advised me to file I-485 with I-140 filing receipt and told me that if I-485 is pending more than 180 days I may be able to use AC21 (at that time no AC21 august 2003 MEMO was published) I took the risk and filed I-485 on the advice of the lawyer with NSC in September 2002.
4 Till date I am on H1 of B. Lawyer also advised me to file new LC as back up through B, B filed LC that got approved and later B filed I-140 that also got approved 5 days back days back according to online status (I did not file new I-485 based on B I-140 as I read that it is not advisable file new I-485)
4a. I have not sent AC21 letter or updated the service center to use Ac21 till date
5 my file got transferred to Local office and I have got Interview date
2 Employer A closed the company in 2003, (company closed shop after I-485 was pending more than 1 year and I-140 online status still shows I-140 approved and this company at present just exist on paper)
3 I met the lawyer who filed my I-485 to draft AC21 letter and so that I get it signed by employer B as I have the same job duties and I can take it for my Interview. To my surprise the lawyer who is handling my case is now saying that my I-485 may be denied because I was not working with A at the time of I-140 approval.
I asked the lawyer that AC21 august 2003 Memo does not say anything about the above what he is asking. He said that I don’t know so many things about immigration law and many things keep on changing. I don’t know if he is trying to scare me or trying to get more money or giving correct opinion
5 One of friend who worked with company A informed me 3-4 days back that employer A may have sold the LC that was approved for me and new person may have filed I-140 based on LC substitution, my friend is sure about it because that Desi employer can do anything. My friend does not know when it could have happened or may not have happened.
6 At present the online status shows I-140 approved, I also got EAD first time when I-485 was filed and I got EAD renewd in August 2003(EAD never used)
7 When the service center transferred my I-485 to local office for Interview doesn’t the service center need to send RFE or NOID to me if the I-140 is revoked? I have read AC21 memo and it says if I-140 is revoked service center will send RFE or NOID
Or I should conclude that I-140 is not revoked or even if my past employer tried to revoke it he may have done it when my I-485 was pending more than 180 days and CIS may have not revoked it. Or why the service center will transfer the I-485 for Interview What is the opinion of Gurus?
8 I received finger printing notice from local office and did FP few days back
Local office have just asked current employer letter, W-2, I-94, tax papers, recent 3 pay stubs,any EAD AP
What are my chances to use AC21? Do you think the case may be denied?
Help and guidance needed. Thanks in advance.
.
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