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valmikigiri
09-02-2013, 10:42 AM
I am in strange situation of my green card process...If anybody had faced this kind of issue or has expertise in this matter, please respond.

I have filed my greencard with employer A in Sept 2003.
I140 was approved in early 2007. Then, applied for I485 in Aug 2007.
By the way, greencard was in EB3 category.

In 2010, I changed my employer and applied for greencard in 2011.
Ported my priority date to new I140 which was filed in EB2 category.

Since Oct 2012, my case has been current. After repeating inquiries, finally in Jul 2013, there was some movement on my case. I was excited for few days that I am going to get my greencard after 10 years. It turned out differently.

USCIS has RFEd my old employer's I140 which that company revoked in Oct 2010.
RFE talks about two things
1) Somehow treats the address mentioned on the file has a virtual office.
2) States that employer-employee relation is not established. As a consultant, I was working at client site and USCIS needs proof that employer has control on me.

Here are several questions/doubts
1) Is it necessary to respond to the RFE? Because, I am not with the old employer since 2010.
I have stayed with old employer for more than 180 days after filing 485.
2) My priority date has been ported to new I140. If we do not respond to RFE, would my new I140 priority date change to Oct 2011?
3) Is there any other ways to approach and get my greencard approved?

seahawks
09-03-2013, 01:11 AM
I am in strange situation of my green card process...If anybody had faced this kind of issue or has expertise in this matter, please respond.

I have filed my greencard with employer A in Sept 2003.
I140 was approved in early 2007. Then, applied for I485 in Aug 2007.
By the way, greencard was in EB3 category.

In 2010, I changed my employer and applied for greencard in 2011.
Ported my priority date to new I140 which was filed in EB2 category.

Since Oct 2012, my case has been current. After repeating inquiries, finally in Jul 2013, there was some movement on my case. I was excited for few days that I am going to get my greencard after 10 years. It turned out differently.

USCIS has RFEd my old employer's I140 which that company revoked in Oct 2010.
RFE talks about two things
1) Somehow treats the address mentioned on the file has a virtual office.
2) States that employer-employee relation is not established. As a consultant, I was working at client site and USCIS needs proof that employer has control on me.

Here are several questions/doubts
1) Is it necessary to respond to the RFE? Because, I am not with the old employer since 2010.
I have stayed with old employer for more than 180 days after filing 485.
2) My priority date has been ported to new I140. If we do not respond to RFE, would my new I140 priority date change to Oct 2011?
3) Is there any other ways to approach and get my greencard approved?


I don't have any expertise, but not responding to an RFE is not a good idea. You should follow up with your current attorney and see what they advice and ask them to respond to the RFE so that the case can move forward. If you have been current and not getting any traction and now that you have an RFE, from your side please be diligent and respond on time. It may be as simple as your PD has been ported successfully and whatever evidence you got about the porting to be successful will probably be all you need, but all of this your current attorney should already be following up and giving your advice, not sure where the gap is. Good luck.

AcuraTSX
09-03-2013, 09:07 AM
I agree with Seahawks. Ignoring an RFE is not advisable.

But did you file AC21 and change the attorney of record on file? How did you know that an RFE was issued on your 140?

valmikigiri
09-03-2013, 05:43 PM
Thanks for taking your time and responding.

I left the old receipt numbers in my USCIC online case status account and one fine day, I received that the Notice of Intent to Revoke email message for my old I140.
I working with my old employer's lawyer to straighten this issue out.

Couple of worst scenarios as explained by three different lawyers from different law firms
Worst 1) If USCIC denies my old I140, I485 filed with based on old I485 would be denied. In this case, I will be out of status since June 2010. That's when I stopped renewing my H1B and switched to EAD.
I was recommended/suggested to apply for H1B so that I would not lose my status and do not get barred.
Worst 2) If USCIS denies my old I140 but not I485, my PD would be moved to Oct 2011.


I hope clouds would clear off and I would make switch from Unfortunate lane to fortunate lane pretty soon atleast in the GC perspective.

RNGC
12-18-2013, 04:37 PM
so, what is the status now ? I am in the same boat, i got a RFE within few days after my old employer revoked my i-140, i sent proof of employment with new employer and since then for about 3-4 years my EAD/AP have all being approved. still waiting.....