Please help - Confusing email from USCIS about I-140 processing

[WANTGC2010]

Hi

Employer-A filed my I-140 and it was approved 5-and-half years ago. My 485 was filed 4 years ago based on that I-140, and 10 months later I moved to Employer-B using AC-21 portability. Two years later, I moved from Employer-B to Employer-C again using AC-21. During both moves, I duly notified USCIS. I have been working with Employer-C for more than a year now.

Last week I received an email from USCIS with the following text:

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Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Your Case Status: Initial Review

On xxxx-xx-xx, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.

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This message is related to the I-140 which was approved 5.5 years ago, as per the case number listed in the email. I am confused.

My lawyer says, the old employer may have revoked the I-140, which could impact my pending I-485. I don't understand why. I left that employer many years ago using the AC-21 based on pending I-485. After all these years, do I still depend on the mercy of the old employer? If that be the case, what is the use of AC-21 portability? Every employer who's upset about an employee leaving his/her company can simply revoke the I-140 and trouble the ex-employee. Right?

I'd really appreciate any inputs on this.

[WANTGC2010]

I found somewhere that the I-140 withdrawal from previous employer will not effect the 485 applicant, if 485 has been pending for more than 180 days and the applicant moved to a different company using AC-21. However, it also says 'if the I-140 was revoked for fraud reasons, it will affect the 485'.

As it happens, my old employer was involved in some H1B fraud which came to light one year after I left that company. This happened three years ago. Now I am worried. What if USCIS is in the process of revoking that I-140 which was approved 5.5 years ago? Even though I have nothing to do with that company's fraud, should I suffer the consequences?

[Belle]

Withdrawal by an employer is not a big concern here because you are protected under AC21. What may have happened, is that the I-140 has been reopened. In this case, it is much more dangerous since it may be denied because something is "wrong" with the petition. I would take an InfoPass, be nonchalant and ask if the officer can tell you if the I-140 shows up as approved or has been reopened. Don't mention AC21 (AC21 often means that the original I-140 sponsor will not defend your petition or answer RFEs).

[WANTGC2010]

Thank you, Belle.

USCIS customer service people won't give me any information. They said they'll only answer to the original employer/attorney for I-140 questions.

I contacted the original attorney, and per him it appears that USCIS is in the process of revoking cases filed by this old employer due to his frauds in the past; but the attorney hasn't received any information about my case so far.

No I am more worried. Do I have to face consequences of some fraud I didn't commit? I am actually the victim here. Is there a way I can get out of this mess without having to go thru a brand new labor/140/h1 etc?