My I140 is revoked by USCIS as my previous employer A is closed. I moved to company B in april 09 and filed AC21 on Aug 09. In DEc USCIS sent NOIR on I140 and my lawyer replied to them during the time when i140 was approved employer A is fully functional, then he changed his job and filed AC21. but USCIS sent decission saying, since petitioner A is not there, benificiary i140 will be automatically revoked and will make the decission on I485 and AC21 soon.
Im working on EAD with this new employer B since 1year. im on 6thyear of H1, I got H1 approved from company A till jun10 but i didnot get stamping on this as Im having EAD.

Please advice my available options. Lawyer is saying to file H1 with company B and start GC process agaqin.

Can you give more details like
- date I-140 was filed
- when did your employer A shut down
- when did you actually lose or quit your job (was it the same as the day employer shut down)

We need to know if 181 days passed between these two dates and were you employed during this time. If 181 days did pass then your AC21 should be approved and 485 should be valid.

but if this duration was less than 181 days then you may not have much choice but to start the process again.

Also no harm starting H1 process with employer B to be safe.

Thanks for taking time and looking into my complicated issue.

I140 was filed on Aug 17 2007, It got approved on Aug 6th 2008
Employer a shutdown in Oct/nov 09(not very sure).
I changed to new job on April 09. I filed Ac21 in Aug/sept 09.
Also yes, 180 period is well passed before i change the employer.
got NOIR on Ac21 on Dec28 09. Replied to them, but they revoked on march 1st stating, since petioner is there, benificiary canot respond and i140 will be automatically revoked. Also stated in the notice was, decission on i485 and AC21 will be forthcoming.

Not sure what the decission would be? Yes, to be safe planing to apply for H1 extension again.

Hi

Since 180 days had passed your AC21 and hence 485 should have no issues.

Thx

But USCIS denied my 485 stating 140 is revoked, 485 will be denied.

Please ask your attorney to immediately file a MTR and request that they reinstate the 485 since your i140 was in place for 181 days.

I believe you are following the law as long as you can prove you are in a same or similar job, the fact that your old employer has folded should had not impact on the 485. Good Luck and do tell us of any future communications / results.

IS there anyway I can notify USCIS that, they are I moved out of that company before it got closed, they should not consider the point about ability to pay.... Can you suggest any attorney who is good in dealing such litigation cases?

Dont bother contacting the USCIS about this, may just add to the confusion.

We dont recommend attorneys but he two that we have heard good things about are below:

Greg Siskind
http://www.visalaw.com/gsiskind.html

Sheila Murthy
http://www.murthy.com/

My case is similar to this .

I 140 approved in 2006 .
485 filed in June 2007 . ( EB2 labor)
Swicthed job after 7 months of filing 485 .
sent letter to uscis about job change and ac21 .
485 denied in feb 2010 .

latter found out that uscis sent RFE to my old employer for the approved 140 in dec 2009 and they never responded to it and 140 revoked in jan 2010 , and 485 in feb 2010 .

filed MTR using an attorney in mar 2010 .
MTR denied in 3 weeks . saying , AC21 memo says "
485 is become invalied if underlying I140 is revoked any time except employer reoke "

it also says " you can not respond to the I140 RFE because it belongs to compnay xxx "


Filing 2nd MTR now .

It is like catch 22 .

my current emplyer filed for a new H-!B and is approved . But I can not extend it beyond 1 year without a new labor pending for 365 days ( which is not possible now) .

Life is wonderful :)