if company closed on fraud? I-485 status?

[Streethawk]

Ron
If a consulting company is raided by ice and found to have fradulent activity, what happens to employees who filed I-485 more than 6 months ago. can they move to other companies and invoke ac21?. (employees are all well qualified as per h1 regulations and its not their mistake)

Or if the employees suspect something fishy with their petitioning company, is it better to leave now invoking ac21 before ice raids the company?. thanks in advance.

[Ron Gotcher]

Yes, if the employee is portable, then the employee can move on to another company. In such cases, however, be prepared for RFEs relating to the validity of the I-140.

[Streethawk]

Yes, if the employee is portable, then the employee can move on to another company. In such cases, however, be prepared for RFEs relating to the validity of the I-140.

should the employees move before the ICE raid or can they move even after?. sorry, for asking like this. just anxious.

[Ron Gotcher]

They can move at any time.

[sdhaval79]

Ron,

Would it impact on 485 ?

[Ron Gotcher]

It depends entirely on the status of the I-485 when this happens. If the applicant has achieved AC21 I-140 portability, then there is no problem at all. If not, then there could be a problem as the closure of the company would mean that the underlying job offer was no longer valid.

[fundu]

Ron,

Labor PD: Dec 2004 - EB3
Labor Approved: Feb 2007
140 Filed : April 2007
July-Aug 2007 : 485 Applied, aparnatly received EAD and AP approved.
Nov 2007: 140 RFE Received and replied by employer.
Dec 2007: 140 approved
March 2008: Employment changed under AC21/EAD
May 2008: Approved 140 status changed to "Case Transfered to Another Office for Processing"
Aug 2008: 3 officers (DHS, ICE, USCIS) approach me and questioned me about previous company who file LCA & 140, they didn't said disclose any matter.They said it's related to company not individual, they also approached other employees of the campany as well.
Nov 2008: AC21 Filed.
June/July 2009: 485 case is being transfer to NBC. and received notice to appear for initial interview in August.
Aug 2009: Appeared for interview, IO has only 485 file, she didn't received Labor,140 and AC21 with 485 application. She collected Paystubs/W2(last 3 years) Job offer letter, approved 140 copy, EAD copy. She said she can't say anthing until she receive labor,140 and reviewed by someone. She didn't give any timeline as well.

I am not aware of the reason to trigger investigation, not sure if company is still the business. In future if they decide to revoke 140 on any ground would it impact my 485?

[Ron Gotcher]

I have no idea why they are investigating your former company. If it has to do with the functioning of the company, then it could tangentially impact your I-140.

[fundu]

Even i don't have any clue, what they are investigating. But for any reason if they revoke approved 140- Will it impact my 485 pending application?

[Ron Gotcher]

Don't jump to conclusions and assume things that haven't been established. First, you need to know if the investigation has any implications for your I-140. If it turns out, however, that the company engaged in misconduct that would result in your I-140 being revoked, then that would compel a denial of your I-485. Please understand that before the CIS can revoke your I-140, they would need substantial proof that the company did something that violated the law in such a way as to void the validity of the I-140. Don't assume that this is the case. Wait and see what happens.