Company being audited - H1/EB2/485 at stake


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I have been in the US for the past 13 years.. working for a small Indian consulting company since 2007. Here is my case: 

- On H1 since October 2004. First H1 from 2004 to 2007. 
- Has been with current employer from 2007. 
- 2nd H1 from August 2007 to August 2010. 
- 3rd H1 from August 2010 to August 2013. 
- All previous were approved without an RFE. 
- Extension filed again in May 2013 (as current H1 will expire in August 2013; and it did). 
- Used a pre-approved EB3 labor when I changed to current employer in 2007. 
- Filed for EB3/140 also at the same time in 2007. EB3 140 was approved in March 2008. 
- Filed for a fresh EB2 in January 2012 (with the intention of porting to EB2) 
- EB2 labor approved in July 2012 
- EB2/140 filed in premium basis in December 2012 
- EB2/140 approved in Jan 2013. 
- Now, my case became an EB2 case with December 2004 priority date. 
- Filed for 485 on August 16th (when my H1 was still valid). 
- USCIS acceptance date August 19th 2013 - H1 was still valid; it expired on 22nd August 2013 

Now, just last week, I learned that my company is being audited by USCIS due to some fake document produced by some other employee and his 140 was revoked (I learned) which may have in fact triggered the audit. 
USCIS came to my company premises and asked for company records etc.. which my employer produced. But they are asking for a lot more info.. which we are trying to provide. It will take some time.. say, anywhere between 15 days to a month.. during which, USCIS is not going to process any of our cases.. and we are adversely affected. The worst case scenario, I heard, might be that my H1 and 140 will be revoked. Is it true? If so, what are our alternatives? 

I want to know if anyone has been in a similar situation when the company was audited for some other employee and other employees were adversely affected? Please throw some light.



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Maybe its not the Employer..because OP has been working with them since 2007 without any issues...its the new employee who submitted fake documents...which caused this unfortunate incident.

Well, if the fake documents were submitted with an I-140, it is the employer, since the I-140 is filed by the employer.

And the company wouldn't get audited if this was a document unrelated to the company.

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  • 3 years later...

I wanted to update the above with a summary of my status again:

Filed for EB3/140 on a pre-approved labor with (PD Dec/2004) in July 2007 from Company A.
USCIS approved EB3/140 in May 2008.
Filed for EB2/labor in Jan 2012. USCIS approved EB2/labor in Dec 2012.
Filed for EB2/140 in Dec 2012. USCIS approved EB2/140 in Jan 2013.
Due to some issues with employer, (Company A) USCIS audited employer in Aug 2013.
Due to EB2 porting, my PD of Dec/2004 became current in Aug 2013, coincidentally and we filed for I-485; received EADs. PD on I-485 is Dec/2004.
USCIS revoked EB3/140 saying there are issues with my EB3/140 filing and re-adjusted EB2/140 date to Jan/2012. Priority date on I-485 is still printed as Dec/2004. They never adjusted this.
I changed employers, to company B, in Sep 2015.. still valid H1.. although I have valid EADs that I keep extending every year.. and USCIS keeps approving.

In June 2016, USCIS sent an 485/RFE#1 for medicals. We replied back with medicals and also filed AC-21.
USCIS sent another 485/RFE#2 in August 2016 asking us to prove my status in US. We replied back in Sep 2016 (within deadline) proving my status both on H1, valid EADs, entry/exit, I-94 copies and a letter from Company B (current employer).
They didn't question priority date or validity of my 485 in these two RFEs.

I am still waiting on the approval/denial from them. My questions are:
1. What is my priority date? How can I know?
2. Can I change employers again?
3. Can I make a request to my local congressman to expedite this case?
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