Guestbook Entry for Vipul Gajera, United States
Name
Vipul Gajera
Country
United States
State
New Jersey
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I-140 Revoked after AC21 Portability
Question details
<b>From our community member </b><p>
<b>Here is my Situation.</b><p>
I used to work for Employer "A" who filed for my EB3 Labor and I-140. I-140 was approved in Feb 2007. In July 2007, when the dates became current, I filed for my I-485. In December ending of 2007, which was around 180 days after filing the I-485, Company "A" was acquired by Company "B", at that time I got an email from my employer HR indicating that Company "B" will now take over all immigration responsibilities of "A" and no H1 transfers or re-filing of I-140 is required. I was also assured that since my I-485 was pending for 180 days and i had EAD and 6 pay slips / one per each month from company "A" , there should not be
any issues, since AC21 can be applied too, in this case. So I continued to work for Company "B" for about 1 year from Jan 2008 to Jan 2009. I received pay checks from "B" during this period.
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In Feb 2009 I joined a direct client, Company "C" on H1B. Got the H1B approval beyond 6 years, using company "A" I-140 approval copy. Company "C" Attorney sent AC-21 documents to USCIS. Company "C" does not file labor or I-140 they do only H1B or hire on EADs but does not do green cards. Now, after more than 7 years of I-140 Approval from Company "A", I came to know that USCIS, has revoked the I-140 of a different employee who was in the similar situation as me, but he didn't had H1B and he was forced to leave USA since his I-485, EAD and Advance Parole were all based on this I-140. It seems USCIS said the underlying Labor and I-140 were fraud. Hence everything is denied. He did leave the country.
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<b>My Question : </b>
What are my Options if something like this occurs for my case too? I understand its hard to tell if this will occur or not. Company "A" which filed my I-140 no longer exists and I have no contact what so ever with Company "B". If I-140 gets revoked for fraud by the company "A", will the employee be held responsible? Can this kind of adverse decision be appealed and during appeal process what happens to the status.
Are we allowed to stay and work in the country when this case is in progress? I was reading online about the "The case, Kurapati vs USCIS”, this lawsuit is similar in nature. Is there a ray of hope with this? <p>You’re Suggestions/Comments please.
See clip from Attorney Rajiv S.
I had recently requested a telephone conference with Mr. Rajiv Khanna regarding my pending 485 case. I am happy to report that I had a very pleasant experience and was very satisfied with the way they handled my request right from the secretary, Ms. Leslie, who took my questions and made the conference appt. to Mr. Khanna who answered my questions. He was punctual, professional and took his time to answer my questions. During the first telephone conference, he had a very busy morning and there were a number of callers waiting in line. After my call, I realized I had a couple more questions, and Mr Khanna asked me to make another appt. which was promptly given to me for the next day. I am also very thankful to Mr. Khanna for not charging me any initial consultation fees based on my current situation. I have no hesitation in recommending Mr. Rajiv Khanna and his office for your legal/immigration needs.