I-485 Pending/I-140 Withdraw/EAD-AP Renewal RFE - What NEXT?

[jackgugi]

Hi - Did anybody come across my situation and got I-485 approved?

1. Currently not working with the Employer-A who initiated my GC whom I left 1year ago.

2. After moving out from Employer-A applied for I-485 and is pending for more than 6 months.

2. Applied and got EAD-AP card which is valid for next 4months.

3. Applied for EAD-AP Renewal recently and got RFE [Yet to receive mail from USCIS].

4. Employer-A withdrawn my I-140 today which got approved 24 months ago.

5. My H1B 6yrs got over and now I am using my EAD, were I can't get a new H1B and go over the GC process.

Now my questions is.

1. Will USCIS deny my EAD-AP renewal because of I-140 non existence in my case?

If Denied what is my legal status in next 4 months?

2. If EAD-AP renewal approved after answering RFE I will be safe to stay in the country for next one year in which case, If I get my PD will USCIS approve my I-485 with out looking for approved I-140?

Or Can I file AC21 if USCIS raise an RFE?

Kindly let me know your valuable inputs asap since is the time is running out.

[pontevecchio]

Stop waiting for the forum. Give the firm of Murthy or any of your choice a call if you are half way interested in solving your problem. Best of luck.

[Attorney_15]

AC21 Green Card portability continues to exist, according to current USCIS guidance, when the I-140 petitioner withdraws the I-140 petition. If, however, USCIS revokes the I-140 petition for cause - because the petition should not have been approved in the first place - current USCIS guidance states that one is not eligible for AC21 Green Card portability and the I-485 is denied.

One may still be eligible for extensions of H1B status with the I-485 pending and for use of the EAD and AP issued to that person. However, for specific legal advice for oneself, it is necessary to consult directly with an attorney.

[jackgugi]

Thanks for both the suggestions.

Employer-A purposefully withdrawn the I-140 petition so I hope I am safe to apply for AC21 if at all I get an RFE on I-485.

Yet to receive the RFE. Will keep you posted.

[pingpong]

Its is up to the employer if they wish to withdraw I140. If i were you, i would have struck to the employer until 180 days and AC21 comes into picture. Then arranged with my new employer's attorney if they would be able to file for AC21 and then moved. I guess its not too late in your case. As soon as you get your RFE contact your employers attorney and they should be able to advice you on how to proceed with your case