Guestbook Entry for Shoba Marudur, United States
Name
Shoba Marudur
Country
United States
State
Georgia (GA)
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AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days
Question details
Currently working with Employer B since 2020.
Employer A - 140 Approved in 2013. EB2 category.
Employer A - Provided form 485J in Aug and I applied for I485 in Aug. My dates retrogressed to Oct 2011 now.
Employer A - Desi consulting company, we couldn't find a project for me to join them and they withdrew I-140 in Jan. At the time of the I140 withdrawal I485 was at 150 days timeline. Now that 180 days have passed since I485 was filed in Aug, can I provide 485J with my current employer to port the I485 application? Will USCIS approve porting or deny as I140(approved in 2013) was recently withdrawn before I485 reaches the 180 days mark? Is there any way to appeal the withdrawal of I140 as beneficiary with pending AOS or ex-employer can withdraw without any issue? Are there any laws to safeguard the beneficiary when dealing with abusive and mean desi consulting companies?
FAQ Transcript
You should talk to an employment lawyer.
While the process of application to adjustment of status for my mother-in-law was in progress, (sponsored by my husband, a US citizen), my FIL and MIL came to India for a personal reason and there my FIL got into a medical emergency. My mother-in-law's finger print got rejected and they wanted conduct certificate for last 5 years wherever she lived. Now she is not in a position to travel to US until my FIL health gets stable, but we didn't know how to get the conduct certificate from US without her. That's where Mr. Khanna suggested I contact a congressman of our district and explain him the situation so that he will be able to solve the issue by talking to Immigration officers. This was definitely a helpful suggestion. I am yet to contact the congressman. Will let you know the results soon. Thank you very much for Khanna and his team for doing this great service free of cost.