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| I485 DENIED after meeting AC21 conditions |
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Mohican,
I guess now I understood what you were trying to say in the IV forum.
Its really sad story on how those greedy Desi consultants can screw someone's career.
I dont think u have any chances of winning MTR, bcos in your case the underlying labor has already been used for someone else and he was probably approved before your I-485 approval/ or his I-485 pp under processing phase (we dont know the status) and thats the reason USCIS not able to find any underlying Labor application for you.
If you think the priginal labor was filed for you, you could port that priority date, since your I-140 was approved for that labor, its just die to some bad relationship with old employer you are suffering this loss. USCIS will allow you to port that date with your new I-140. But you need to start the new PERM process ASAP and then file new I-140 with the prrof that at one point you had PD of OCt 2001. If you were also using the short cut route of substitute labor than I dont think u will be able to port the date from OCt 2001.
Remember the rule, original filing date of labor is yours and you cna port that in case your labor and I-140 approved, regardless of change in employment.
Since you have H1B for a while, you can start the new PERM and start all over. Its just a bad luck for you due to your employer situation, many folks in this forum and IV has suffered due to various reasons and had to start all over again.
I am not an attorney, but I would spend some $$$ and consult a good attorney like Murthy or Rajeev Khanna. Its worth spending those consulting fees.
Wish you all the best, but at this time this is the only option in your unfortunate circumstances. |
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