I-485 Denied - Current Employer Laying Off

[Lost in U.S.]

Hi All,

I am in a very tough situtaion.Here is the case details.

Labor was approved in July 2006. I-140 was approved in Nov 2006.

I-485 was filed in July 2007. The Pending I-485 was denied about 2 weeks ago as USCIS had revoked the underlying I-140.

The cause is not clear as employer who filed I-140 did not receive any communication. They will be calling the USICS for finding the exact cause. Anyways, I am filing for MTR.

I had used AC21 Portability in Sept 2008 and moved to my current employer. Kept filing for H1B extensions.

My first H1B had started on 10/01/2004 and 6 years were completed on 09/30/2010. Currently, I have a H1B extension with my current employer which is good till 09/30/2013, which was extended as my AoS was pending. Now my current employer, who is holding the H1B, is laying me off.

I am getting job offer from another employer. My question is: can I transfer my H1B which is good till 09/30/2013 to the new employer or would the transfer be rejected as my I-485 is denied because underlying I-140 was revoked for cause and I have already completed 6 years allowable term for H1B?

If transferrring the H1B is not an option can I work on the EAD after MTR is filed and generally how long it takes for a decision on the MTR?

Can I have a new GC process based on future employment started while my MTR is pending?

Thanks for your help..

[Belle]

I think, once your H1 extention is approved, you should be able to transfer it. Check with the new lawyer - don't give them too much information, just say that your I-140 was revoked and you are filing an AC21 request.

You can have another green card process started. Nothing prevents it.

[Lost in U.S.]

Hi Belle,

Thanks for your input. I have checked with one attorney and he told me I can not transfer my H1B which is in 7th year unless the I-485 and I-140 is reinstated.

It seems my situation is very unique. I haven't had any input from any of the forum readers who had been through this kind of situation and can share his/her experience.

[Belle]

Get a second opinion about your H1. Since you already got an extention while your I-140 was in a good standing, you should be able to transfer what you got. You won't be able to extend any further, but that's not the question here.

[agupta123]

Hello, Lost in U.S.

i am in the same boat as you are.. its been few months now.. was wondering what was the outcome.. what did you end up doing? did you find any other way out ? will be a great help.. I will also appreciate if we can talk on phone..

cheers,

agupta123