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if company closed on fraud? I-485 status?

Discussion in 'Audits, inspections, and sanctions' started by Streethawk, Mar 9, 2009.

  1. Streethawk

    Streethawk Junior Member

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    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.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: if company closed on fraud? I-485 status?

    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.
     
  3. Streethawk

    Streethawk Junior Member

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    Re: if company closed on fraud? I-485 status?

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

    Ron Gotcher Attorney at Law

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    Re: if company closed on fraud? I-485 status?

    They can move at any time.
     
  5. sdhaval79

    sdhaval79 Junior Member

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    Re: if company closed on fraud? I-485 status?

    Ron,

    Would it impact on 485 ?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: if company closed on fraud? I-485 status?

    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 If not, then there could be a problem as the closure of the company would mean that the underlying job offer was no longer valid.
     
  7. fundu

    fundu Junior Member

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    Re: if company closed on fraud? I-485 status?

    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?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: if company closed on fraud? I-485 status?

    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.
     
  9. fundu

    fundu Junior Member

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    Re: if company closed on fraud? I-485 status?

    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?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: if company closed on fraud? I-485 status?

    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.
     
  11. saikumar

    saikumar Junior Member

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    I have applied for I140 on Dec 2007 with priority date of Sept 2007 , after lot of open SR's with USCIS we got a letter stating that the I140 was approved( not approval notice but a letter stating the I140 was approved from USCIS) and if we want duplicate notice we can apply for I824 . We have applied for i824 and there is no reposne yet . I have changed the company in 2012 and later applied for Labour and I140 and requested for date porting . Date porting was completed and recieved the old date on my I140 . In August 2013 when my date sept 2007 was current applied for EAD/Advance payroll and 485 . Now in December 2013 we recieve a I140 ammended copy saying that date porting was done in error since the old I140 is in pending state till date and the prirority date on my approved I140 was reverted back to 2012 It has been more than 180 days and 485 is still pending and both ead and advance payroll are approved till sept 2014.

    ‚ÄčI have applied for FOIA in January 2014 which is placed on track 2

    What would happen to my 485 and can I apply for ead and advance payroll renewals.

    First company through which I applied for i140 is charged by USCIS and the company no longer exists - I have all the third party client and Vendor letters along with paystubs to prove that I worked at client site and paid by the company along with employee/employer relationships

    Please help me .
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to retain counsel to guide you though this situation. You have unique and complex facts.
     
  13. sree52

    sree52 New Member

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    Ron.
    I need your suggestions badly.

    I was with a company who filed my 140 under EB3 And 485 in 2003.

    Company had gone through visa fraud investigation and I was called for interview. my i140 is reopened, which was approved a year back.

    Even before the interview, I moved to different company and filed AC21.

    Interview went well and have been getting EAD and AP Renewals.

    In 2014, new company filed my PERM and 140 to port my gc to EB2. I got the old PD and A# on the new approval.


    Does that mean I am in good shape? Can I do request inter-file? Is there any chance USCIS revoking my old 140 after so long for the company which had gone through the investigation and was closed in 2010?

    Is it better do request for inter-file or shall I file a new 485?

    Thanks
     
  14. sree52

    sree52 New Member

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    Thanks Ron. Can you please let me know the process to get the councel?

    Thank you
    sri
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Based on what you have written, you should be OK.
     
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  16. sree52

    sree52 New Member

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    Ron,
    I would first Thank you so much for responding to one of the question.

    I am very relaxed after looking at your email that my case is ok.


    But I see lot of forums that if the old I140 sponsor is under fraud investigation, there is a huge chance of revoking the old I140 along with the PD Given on the New I140 (New I140 PD came from the Old PD as the new I140 is filed in 2015 with the labor PD as in sept 2014).

    Do you think it is fine because I already got the PD on the new I140? and because old I140 is not revoked since 2010 and Interview went well and i have been getting EAD/AP renewals?

    But my Concern is I140 is still in Initial-review status since 2010 , which was approved in 2007.

    Thanks so much again for your response.
     

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