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EIN

Does revoking an L1A automatically revoke other immigration petitions filed?

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My employer petitioned for an L1A successfully and I have been in the US since Jan 2013. My L1A was valid for three years until December 2016. In April 2013, my employer filed for I-140 and I-485 concurrently under EB1 Category.  An EAD was issued in July and is currently valid until July 2014. In October 2013, an RFE on the I-140 which was answered successfully and the I-140 was approved on November 17, 2013. The Priority date is May 15, 2013 on the approved I-140.  The status shows "Initial Review" on the USCIS portal for a long time though the Priority Date has been Current.  

 

My employer decided to fire me and revoked my L1A. The notice of confirmation of the revocation was received by the employer on November 16, 2013. The immigration attorney seems to have advised the company that the L1A revocation automatically revokes all other immigrant petitions filed by the company for the beneficiary. The company is under an agreement not to harm my interests in any way since the parting of ways and has committed in writing that it has not specifically sought to revoke the I-140. But their word cannot be trusted. 

 

What are my options and how do I seek help rather than wait without any specific direction? Can I have some answers to the following from those that might understand the legality of the case?

 

  1. Is the claim that revoking the L1A automatically revokes all other Immigrant Petitions filed by the company true?
  2. How much time does the USCIS take to process the I-485 after the Priority Date is Current? In early December, the bulletin showed approximately 1500 applicants ahead of me included Consular Processing.
  3. What are my options here with respect to the GC ? I have not applied to another employer for a job as I was considering starting up on my own. 

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Why are you still in the US if ytou are no longer employed?

 

Your status is governed by law and not any agreement you have with your FORMER employer.

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I am not sure of the specifics with respect to the immigration law, regulations and rules, but permanent residency (green card) under the various EB1 preference categories (EB1C in your case) is different than under the EB2 and EB3 interference categories, especially with regards to continuing employment with the sponsoring employer.  It may very well be true that in case of an I-140 petition and I-485 adjustment of status filing under the EB1C preference category they are no longer valid with termination of employment with the sponsoring employer.  Further, you may now be out of status with the termination of your employment.  (If so, then starting you own business is not an option.)

 

You need to consult with an independent qualified, experienced immigration attorney immediately (Monday, December 30 would not be too soon) to fully understand your situation and the options available to you (if any?).

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t75

 

I am aware that my status is governed by law and not by any arrangement with my former employer. That is the reason I am still in the country...waiting for law to take its course of action. I am happy to do so because I have acted and continue to do so well within the purview of California State and Federal Laws of the United States of America.

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t75

 

I don't need to take the help of an attorney till such time that the USCIS adjudicates or initiates action. I am waiting for them to seek information from me. My concern is not whether or not I get the GC. I have other concerns. When I say I want the law to take its course, I mean it. My actions are lawful and all I intend is to present my side of the lawfulness. It is up to USCIS to decide how it wants to deal with the law with the other parts of my case. And yes, thanks for your concern. One posts these questions on a forum to generally get a drift of what people experience and their response. So there it is....enjoy your 2104...

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