EB1-C Green Card: I-140 Approved/Revoked and I-485 Pending More than 180 days

[AKSUSA]

Hi Team,

I'm work in L1A VISA and working with the Indian employer and my employer has filed CG in 2022 (PD: 28-Oct-2022). It was a concurrent file (I-140 and I-485 together) and I140 was approved on 9-Feb-2023 but my employer has requested to revoke the decision sometime in May Mid, 2023 due to internal business unit change (project) with in the same employer, but I-485 is pending more than 180 days. My spouse and I received CG-EAD and AP documents, in addition, my kids also received SSN and EAD/AP document as well. I would like to clarify few questions which I listed below, also given my case details summary for your quick reference as well. Thanks for your in advance.

Note: I'm still working in the same employer and my employer attorney is saying we have to file a new I140 from new business unit

My Clarifications:

- Is my pending I-485 still valid? If so, what is expected as next step/action from USCIS?

- Am I eligible to change employer using GC-EAD? If so, what is expected from the new employer?

Details about I140 & I485:-

• I140 and I485 was filed concurrently (PD date : 28-Oct-2022)
• I485 receipt date - 9-Nov-2022
• I140 approved date- 9-Feb-2023
• I140 withdrawn request submitted - Approximately 18-May-2023 and I140 - Current Case status (as of 7-July-2023 - “Case Automatically Was Revoked”)
• EAD approved on 27-July-2023 (Valid till 2025 July)
• I485 last Status update on 30-Jun-2023. Latest Status is - “Case Remains Pending - Waiting for VISA number to resume your application”

[pontevecchio]

I would urge you to consult a lawyer given the extreme importance of the matter. Forums have their uses. But some matters need a lawyer to guide you.

[AKSUSA]

OK thanks. I consulted with an attorney from Murthy Law Firm and got an answer that I can switch employer since AC21 portability is applicable for my case.