I 485 denied as I 140 revoked, if I file MTR, can I use EAD?

[kuprad]

Hi,

Need a quick answer for me to proceed to file MTR before time runs out.
My husband's I140 was approved on 6/21/2006, I 485 filed on 7/2/2007. Got EAD and AP at that time.
I 140 reopened in Dec 2011. My husband moved to H1B after this.
We got I 485 denied on 7/26/2012 with reason of I140 revoked, so I 485 denied.

I am working on H1B and my 6 years will expire in Sep 2012. I never used the EAD for my employment, but travelled on AP.

Questions:

1. If we file MTR, will it let me use EAD after my H1B expires in end of Sep 2012?

2. Since I tranved on the Advance Payrole, am I out of status now? though I have valid H1B?

3. Now I want to move to H4, how soon should I file that application? Can I continue to work until my H4 application is approved by INS? or should I stop working once I receive the INS Receipt notice?

Thanks in advance.

[zoom123]

Hi,
I have couple of questions for you!
- What do you mean by I-140 re opened?
-Is he with the same company who filled his I-140 and I-485?
-Did he moved to another compnay and the compnay who filled his orignial I-140 informed USCIS to revoke his I-140?

-If he is still with the compnay who fillied I-140 , the compnay can re open the case.If there is no I-140 then your MTR is useless.

- if your H1b is vaild then you are not out of status. If you went on H4 then you should stop working.

[kuprad]

Hi,
I have couple of questions for you!
- What do you mean by I-140 re opened?
-Is he with the same company who filled his I-140 and I-485?
-Did he moved to another compnay and the compnay who filled his orignial I-140 informed USCIS to revoke his I-140?

-If he is still with the compnay who fillied I-140 , the compnay can re open the case.If there is no I-140 then your MTR is useless.

- if your H1b is vaild then you are not out of status. If you went on H4 then you should stop working.

Answers:

- We received a notice in Feb 2012 that our I140 case is transferred to a different USCIS office. When we checked the status online, it started showing 'Pending'. This I140 was approved before.
- No he is not with the same company. He joined another company using EAD, did NOT file AC21 through. He did join other company 180 days after I140 approval and I 485 pending. After we received the transfer notice in Feb 2012, my husband applied for H1B and moved to H1B immediately.
- He did move to other company, we dont think the old company revoked his I140. The old company was under fraud investing recently and settled with the court by pleading guilty. After that, the old company is sold to someone else.

Questions:

1. Can we file AC21 and MTR now on the grounds that we never got a chance to explain? We are hoping with this, he can keep the priority date and new company can file I140 again and rest of processing.
2. If we do file MTR, will it let me use EAD (I heard that with MTR our I485 status goes back to pending until a decision is made, during that time I may be able to use EAD). Not sure if it is true, so want another opinion on this.

Thanks a ton!

[zoom123]

Hi, I am sorry to say that you can't Use your EAD as your I-485 is deneid, and also i think MTR is waste of time and money. For that the attorneys charge you a lot and there is no base for your case.
the company who file your GC is under fradud investigation and also no more in business (Ths is similar to my case as my company did some fradulent activities and my GC application got denied even I-140 was approved-Then I got married but the USCIS unable to adjust the status saying misrepresenting/fraud obtaining immigration benefit, and asked me to submit I-601 waiver for hardship to my citizen wife)
-Your husband shoud file AC21 once he know the company was under investigation/or when he changed his H1B.( Big mistake, he didn't file AC21)

-USCIS is too tough on fraud cases filling
-Now no more options left tell him to file immediately labour in EB2 category, once approved he can extend his H1 untill he can get I-485 adjustment. (You might get ref for the previous case for fraud like me but be prepare to answer or while filling I-485 attach the fact about previous application as you donet know abut what compnay did).
Best of Luck

[kuprad]

Hi, I am sorry to say that you can't Use your EAD as your I-485 is deneid, and also i think MTR is waste of time and money. For that the attorneys charge you a lot and there is no base for your case.
the company who file your GC is under fradud investigation and also no more in business (Ths is similar to my case as my company did some fradulent activities and my GC application got denied even I-140 was approved-Then I got married but the USCIS unable to adjust the status saying misrepresenting/fraud obtaining immigration benefit, and asked me to submit I-601 waiver for hardship to my citizen wife)
-Your husband shoud file AC21 once he know the company was under investigation/or when he changed his H1B.( Big mistake, he didn't file AC21)

-USCIS is too tough on fraud cases filling
-Now no more options left tell him to file immediately labour in EB2 category, once approved he can extend his H1 untill he can get I-485 adjustment. (You might get ref for the previous case for fraud like me but be prepare to answer or while filling I-485 attach the fact about previous application as you donet know abut what compnay did).
Best of Luck

Thank you very much. Appreciate your timely help.

[123gc]

Thank you very much. Appreciate your timely help.

Hello kuprad,
I am also in same situation same as yours. My old company is fraud and closed who file my I140. Now I140 is revoked and 485 denied. I am currently working for company B and file AC21. And Company B filed new labor and I140 and they got approved. But since EB2 dates are unavailable, I am unable to file 485. How to maintain status until dates are available? Please let me know your status.

[zoom123]

As your I-40 is approved you can extend your H1B for 3 years interval. You can't file I-485 until your dates are currents so you don't have EAD.
The only way to stay legal and maintain your status is to stay on H1 only.