I-140 Revoked after AC21 Portability
<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.
<p>
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.
<p>
<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.
Video Testimonial, Reza Zarafshar, President, Advanced Computer Concepts
Advanced Computer Concepts (ACC) is an IT solutions provider and we have been established in Northern Virginia right outside the Washington DC for the past 30 years. When we cannot find talent in the US we depend on talent and expertise available overseas. A few years ago we needed to hire networking engineering talent from outside United States. A friend of mine whose company had done a lot of hiring in this area recommended Law Offices of Rajiv S. Khanna to me.
That year we hired two very capable network engineers outside the United States using the H-1B visa programe. The Law Offices of Rajiv S. Khanna handled these H-1B cases for ACC. Since then in addition to H-1B they have handled permanent residency application for a few of our employees. They have also given us very valuable advice on many immigration matters.
We at ACC are very pleased with the work Law Offices of Rajiv S. Khanna have done for us. They are very thorough and meticulous and properly handling and completing the applications so that the applications could process in expedite manner without any problems. They have always been very prompt in answering our questions and do an excellent job of documenting the progress of each case.
I would recommend Law Offices of Rajiv S. Khanna for others looking for a US immigration attorney. Rajiv Khanna is a very knowledgeable immigration attorney. He is an expert in his field. His firm has a very high success rate and is very precise and thorough in filing the applications. Their fees are reasonable and they are easily accessible. I have interacted with them via email and phone calls many times. They have always been very prompt responsive and accurate and treat us as a client very well.