I-140/I-485 concurrent filing.I-140 Denied/appealed/Dismissed 8th year H1.I-485 card/document production

[optimist2011]

Feels like I'm in hot water after 8 years but I believe it's partly due to my negligence.

Let me give the whole gist of events.

1) I was with employer "A" on H1B between september 2003 until February 2007 during that time I got my state labor approved.I do not know if this might be

useful but I'm mentioning this in case if might help my cause.

2) I took up a job offer from company "B" on H1B during March 2007 and did a labor substitution with a priority date of October 2003 and for some reason the

priority date became current during mid 2007. So Employer "B" filed my I-140/I-485 concurrently. I had my finger printing as well as the medical check up

done. In 4 months I got my EAD card. So it was all a happy place until this point.

3) On April 2008, my I-140 was denied (no RFE) and "B" filed an appeal with AAO and the case went to pending since then. They refused to give me a notice and

neither did the attorney.

4) Meanwhile, "B" asked me to move to some other company as they were going through some financial problems during 2009.They informed me that they would not

drop my case and I can continue to work for some other company. So I moved to company "C" on H1B during June 2009 and filed for a EAD extension and got it

valid until May 2012.

5) I again moved to company "D", which is a fortune 500 company, during April 2010 but never filed for PERM. but got my H1 extension based on pending I-485

and it is valid until July 2009. Their GC process starts after one year of probation.

6) Meanwhile company "B" declared chapter 11 and closed during December 2010.

7) Now, last week when "D" decided to apply for PERM, they found out that I-485 was under card/document production and assumed that I might have got GC as of

April mid 2011. When I checked with USCIS, they informed me that appeal was denied during later part of February, 2011 but I did not receive any

documentation from USCIS even though I had filed my AR11 with a change of address. After speaking with a representative from USCIS, they filed a service

ticket to resend the documents and the date on the uscis website changed to May 2011.

8) I still have valid H1B under company "D" and have never used my EAD card during this whole process.

What should I do now?

Should I appeal again based on the fact that I have taken up similar job with company "D" and I should be granted GC based on this (just throwing in some

ideas)

Another scenario in this whole process is my spouse is tagged along with me.

9) Since I had included my wife on my GC process,she also obtained an EAD card but never used it as well as she is on her own H1B from the same company "D"

(she joined recently) and has 2 years left on her current H1B.

What is your advice on this?

I can always file for her GC process and tag along with her, but I have been waiting for last 8 years. Don't know where I went wrong here. All I did was my work that I am qualified for.Never imagined that the other company "B" would declare bankruptcy.

The main problem is that company "B" and the previous attorney are NOT willing to give the denial notice stating that it would be a liability to the company.

Is this true. Are they voilating some kind of rights here. Any suggestions experts?

Also most of the companies say they have done GC before and will process immediately but even after a year they would not care.

Do I have 25 days left to answer the denial. How should I proceed further? Any advice would be appreciated.

I have requested for counselling from a senior immigration attorney.