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Posted on 19 May 2010
Q.

I140/1485 concurrently filed / AC21

1) I have I140/1485 concurrently filed.

2) After more than one year and I140/I485 pending I changed employer under AC21 and notified USCIS.

3) My previous employer withdrawn I140.

4) USCIS denied my I485.

5) I filed Motion to Reopen / Motion To Reconsider / and Appeal (AAO) ... all of them where denied saying a withdrawl is a final decision and that my current employer does not have legal standing. All MTR and Appeal where done to the I140 (in the conent we also mention the I485 and AC2).

6) Last decision was received 23 April 2010.

QUESTION

1) Should I have done all the MTRs/Appeals explicitely to my I485 or how the appeal process should've been done for them to review the case under AC21?

2) Can I file a case to BIA now?

3) If not, should I go to Federal Court?

User's Location: Puerto Rico
Category: Employment-based Green Card
Posted on 19 May 2010
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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