Unusual 485 case, need advice


pjchua

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Hi,

I was initially on H1B then transfered to another employer. Employer B filed for lateral transfer of H1B but was denied hence employer decided to apply for I140 concurrent with 485. After one year, 140 got denied hence 485 automatically got denied. This was something my employer did not anticipate. They looked up H1B from my previous employer but it was already revoked so I was out of status and had to leave for home country. Employer appealed for denied I140 and at the same time applied for another H1B on premium processing. H1B again denied, but after four months, 140 appeal was approved, hence 485 was reopened. This was in August 2013. My employer filed for parole and EAD so I could return and continue with the 485. I am now back here working in virtue of the EAD. It has been more than a year since the green card was reopened. I am now having trouble with my employer not honoring the contract as far as salary is concerned. I have a few concerns and hope you can help shed light on this.

1. Is my going back to home country because I lost status considered abandonment of GC application? Take note I went home because original 140 was denied and gc was denied and was only reopened after four months of my going home.

2. If I were to look for a new employer, can I make use of AC21 for portability since 140 was approved more than a year ago?

3. For back up, just in case I find a new employer, can they still file for H1B for me? My original H1B was granted February 2010 so I'm thinking I still have one year left. If yes, after the one year left on the H1B, can my employer extend and for how long? This is just in case the 485 gets denied.

I would really appreciate any answers to this. I have my family here with me, husband and three kids, and knowing the answers to these questions would help ease our anxiety.

Thanks very much.

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