AC21 AND I140

[rs934]

PERM Approved 2009

I140 Approved 2010

I485 Applied Jan 2012

Crossed 180 days. So I know I can Invoke AC21. Though H1 back up is not alternative. I have to work on EAD.

So I will be out of status if i140 I485 Denied.

I have a valid offer but not sure if I should go ahead reading some questions and answers on this forum.

I am seeing lot of questions where approved I140 has been reopened for some or the other reason.

1) Is this happening regulalrly now? Is this happenning across all companies or just where there is any fraud reported?

2) If they ask for information from the old company, I doubt they will reply. How to answer any RFE without involving old employer.

Do we stand any chance?

3) Is there a way we can fight it if there is no other issue with the company like fraud etc? Is it even worth while?

What happens to my status?

4) Can we work if we file MTR?

Or since Priority date is some time in 2009, would it make worth to stick with existing organization? I am having 2 minds.

Any help would be appreciated.

[rs934]

Experts..any answer on this? Attorneys please any advice would be helpful.

[Belle]

1) You are looking at a self selected sample those who have immigration issues. Among them, naturally, the reopennings are high.

2) If the questions are for the old employer, you may try to negotiate to hire an independent lawyer to respond to the queries. But the chances are slim.

3) Your best bet is for your employer to file another I-140. It would not change your status, though. You lose your H1 status one you leave your H1 employer, and EAD provides no immigration status. I-485 pending keeps you legally in the US (but no status still), and once it is denied, you are in trouble.

4) You may work while MTR is pending.

[rs934]

Belle Thanks

Would it be advisable to keep the same attorney which my old employer had? I think atleast if they are handling my case, they will let me know what is happening on my case through old employer or if there is any noid nor rfe.

Does independent lawyer give me any benefiet?

I dont understand AC21 as it does not protect us when the old employer does not respond? Do you agree?

[Belle]

1. If you reach an agreement with your old lawyer about being their client going forward, it is fine.

2. AC21 only ports I-140, and it can't make approvable. If the I-140 is denied or revoked for a cause, it is of no use for porting.