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valmikigiri

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About valmikigiri

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  1. valmikigiri

    RFE on old employer's revoked I140

    I am in strange situation of my green card process...If anybody had faced this kind of issue or has expertise in this matter, please respond. I have filed my greencard with employer A in Sept 2003. I140 was approved in early 2007. Then, applied for I485 in Aug 2007. By the way, greencard was in EB3 category. In 2010, I changed my employer and applied for greencard in 2011. Ported my priority date to new I140 which was filed in EB2 category. Since Oct 2012, my case has been current. After repeating inquiries, finally in Jul 2013, there was some movement on my case. I was excited for few days that I am going to get my greencard after 10 years. It turned out differently. USCIS has RFEd my old employer's I140 which that company revoked in Oct 2010. RFE talks about two things 1) Somehow treats the address mentioned on the file has a virtual office. 2) States that employer-employee relation is not established. As a consultant, I was working at client site and USCIS needs proof that employer has control on me. Here are several questions/doubts 1) Is it necessary to respond to the RFE? Because, I am not with the old employer since 2010. I have stayed with old employer for more than 180 days after filing 485. 2) My priority date has been ported to new I140. If we do not respond to RFE, would my new I140 priority date change to Oct 2011? 3) Is there any other ways to approach and get my greencard approved?
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