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Old 03-07-2017, 10:52 AM
jinglebell1974 jinglebell1974 is offline
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Join Date: Mar 2016
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Default Need some clarifications - I485 denied


My previous employer filed my GC in EB3 and my PD is in 2005. I had my I-140 approved in 2007 and filed I-485 in the same year when my PD became current. My I-485was pending and then I moved to my home country in the middle and did not have H1B for about 5 months. Now, last week I received the notice from USCIS stating that I-485 is denied since I did not maintain my H1B or AP when I am out of USA. Currently I am on H1B visa until 2018.

Now my employer is saying that he has to show me as a newly recruited person and file a new labor for me to proceed with the new GC application. Is it required?

Can my employer apply for my new GC any time before my H1B visa expires?

Assuming that if I don't apply for my GC now, can I apply for H1B extn with the approved I-140 before my current H1B expires?

The notice from USCIS does not say anything about removal proceedings. I guess this is because I have a valid H1B now. Is it correct?

When I switched my employer, I missed to file AC21. Is that a problem? The denial notice does not say anything about the AC21.

Thanks in advance.
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