EkAurAaya
03-06 04:23 PM
http://www.uscis.gov/files/article/FOIAAnnRptFY08.pdf
Number of Backlogged Requests as of End of Fiscal Year: 67,545
FOIA has its own backlog!
LOL - they will set up a BEC for FOIA requests...
Paying money for something that will give us results is fine (although I strongly feel this information should be free for whoever requests - that is the whole point of FOIA), but paying for something that has no commitment from USCIS to any date's is in my view throwing away money for their pizza parties or whatever else they do over there besides work.
Number of Backlogged Requests as of End of Fiscal Year: 67,545
FOIA has its own backlog!
LOL - they will set up a BEC for FOIA requests...
Paying money for something that will give us results is fine (although I strongly feel this information should be free for whoever requests - that is the whole point of FOIA), but paying for something that has no commitment from USCIS to any date's is in my view throwing away money for their pizza parties or whatever else they do over there besides work.
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dannyypk
07-18 11:10 PM
AGAIN.......
Why people in the forum still asking people to convert from EB-3 to EB-2?
This is not the SOLUTION!! It will only make things worser and worse...
If people keep converting their EB-3 to EB-2 then what about those EB-3 filers that file their application in earlier years? they will keep stucking in the line forever! THAT's not FAIR!
It is not the time to blame EB-2 or USCIS! IT is the time to dicuss an effective way to to distribute the visa no. effectively.
DO SOMETHING CONSTRCUCTIVE! NOT ONLY FOR YOURSELF! BUT FOR ALL THE VISA/ GC APPLICANTS!
Why people in the forum still asking people to convert from EB-3 to EB-2?
This is not the SOLUTION!! It will only make things worser and worse...
If people keep converting their EB-3 to EB-2 then what about those EB-3 filers that file their application in earlier years? they will keep stucking in the line forever! THAT's not FAIR!
It is not the time to blame EB-2 or USCIS! IT is the time to dicuss an effective way to to distribute the visa no. effectively.
DO SOMETHING CONSTRCUCTIVE! NOT ONLY FOR YOURSELF! BUT FOR ALL THE VISA/ GC APPLICANTS!
avi101
04-05 11:32 PM
With due sympathy for affected folks, you really can't blame US govt for this. The law had H1B with dual intent and work constraints based on LCA and H4 as a dependent visa and not eligible to work.
Why? I don't know. Is it fair? Maybe not if you consider that L1 dependents can work but US govt did not have such provision for H1B dependents.
But that has been the law even before you got married and came here. If you did not know that you can't work on H4 then it's your own ignorance. Blame your spouse for not mentioning it to you or blame yourself for not asking that question or blame ignorance that you were not aware that would happen. There have been spouses who came here on H4, transferred into H1 because their skills were marketable (Marketable in the sense that companies (not body shops) were willing to get into the hassle of an H1B) or chose to pursue further studies, arming themselves with an US degree and made themselves marketable. Some took up unpaid internships for a while, thereby gaining experience, and when the opportunity presented itself were able to get an H1. some others took up volunteering jobs nearby.
Frankly, US govt is not responsible if you did not do your due diligence before getting married.
Now, that said, I think it would be great if H4s are allowed to work considering that so many are well educated and possibly skilled and trained. Take up the cause and enlist more people and try. Nothings impossible. Good luck.
Why? I don't know. Is it fair? Maybe not if you consider that L1 dependents can work but US govt did not have such provision for H1B dependents.
But that has been the law even before you got married and came here. If you did not know that you can't work on H4 then it's your own ignorance. Blame your spouse for not mentioning it to you or blame yourself for not asking that question or blame ignorance that you were not aware that would happen. There have been spouses who came here on H4, transferred into H1 because their skills were marketable (Marketable in the sense that companies (not body shops) were willing to get into the hassle of an H1B) or chose to pursue further studies, arming themselves with an US degree and made themselves marketable. Some took up unpaid internships for a while, thereby gaining experience, and when the opportunity presented itself were able to get an H1. some others took up volunteering jobs nearby.
Frankly, US govt is not responsible if you did not do your due diligence before getting married.
Now, that said, I think it would be great if H4s are allowed to work considering that so many are well educated and possibly skilled and trained. Take up the cause and enlist more people and try. Nothings impossible. Good luck.
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nandakumar
05-24 02:09 PM
Hi,
I just made a one time donation of $100.
Transaction ID: 2LK07625371416503
I attended Sep 2007 DC rally, I wish to come this time also but cannot come because of unavoidable family commitments.
Thanks to IV core for initiating this effort.
I just made a one time donation of $100.
Transaction ID: 2LK07625371416503
I attended Sep 2007 DC rally, I wish to come this time also but cannot come because of unavoidable family commitments.
Thanks to IV core for initiating this effort.
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uma001
08-08 10:40 PM
Only option left for us is making 750k and invest in business in US, You get green card . Otherwise go bakc to india.
pa_arora
07-15 07:32 PM
The DOS after consulting with attorneys and the Congress has concluded that EB visa numbers should spill over horizontally rather than vertically. Relevent legal clauses addressing this issue were posted by IV members yesterday. DOS now admits it's previous interpretation of vertical spill over (excess visas going to EB-3 ROW) was wrong. Can it be challenged or reversed?, Of course possible but very unlikely to happen in the near future in the next several months.
All said and done, I'll say vdlrao calculations with (sumagiri correction:) look credible.
Can you please post a link?
All said and done, I'll say vdlrao calculations with (sumagiri correction:) look credible.
Can you please post a link?
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nyte_crawler
04-10 12:29 PM
And this new caste system of the DONOR forum which basically says screw you to everyone who has spent time, money or effort on IV and completely goes against the "Change for fairness and Justice" mumbo jumbo is a step in the right direction, IV needs to give way to an actual movement that actually does something and this DONOR forum concept will certainly go a long way in the marginalization of this site and community.
I completely understand what chaanakya is saying and I have a similar opinion. I understand the concept of "Donor" form and it exclusivity of information if you donate. If I question about the concept, I know I will be put down and if IV wants to move in that direction to reach the goals then so be it. So let me spare you from typing anything against my opinion. The only thing I would want to know is who is the "CORE" of IV now ? I vaguely remember it was up in the website somewhere when I joined in 2006. I don't see it anymore.
I completely understand what chaanakya is saying and I have a similar opinion. I understand the concept of "Donor" form and it exclusivity of information if you donate. If I question about the concept, I know I will be put down and if IV wants to move in that direction to reach the goals then so be it. So let me spare you from typing anything against my opinion. The only thing I would want to know is who is the "CORE" of IV now ? I vaguely remember it was up in the website somewhere when I joined in 2006. I don't see it anymore.
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chaanakya
04-10 12:17 AM
I know this is probably asking for trouble but no movement can be credible without listening to the dissenting voices. So here is my gripe ... You cannot open a single thread or forum without being asked for contributions these days. People are told that if they dont contribute, they are not "supporting the cause".
But the stark reality is this... If you look at the IV website to see what action/progress has been made in "the cause"....there is some vague statement about Patton Boggs and how we have this lobbyist who is educating congressmen...Who exactly? How? When? Oh those details cannot be given.
There is a link about IV in the news...the last time IV was in the news was in Sept 2007 ...19 MONTHS AGO...
Then there is a link about IV and FBI namechecks...The last update is some thread in Feb 08 and this brilliant statement from 2007 ..."IV has met officials from agencies and has raised this issue in the recent past. We have been informed that there is an effort being undertaken to significantly reduce name check backlogs in the next 6 months." SERIOUSLY?? You really expect that you can convince people to contribute based on this flimsy evidence of doing "something" that you really cant tell us ??
For those asking for money, THERE HAS NOT BEEN A SINGLE UPDATE ON ANY PROGRESS SPECIFICALLY ACHIEVED BY IV IN THE LAST YEAR AND HALF !!!
How can you justify this? Actually, you dont have to....There are many like me who will answer questions of panicked people about how to navigate the complex immigration system but until IV can provide some concrete proof of what specifically it is doing, how exactly it is spending the money and what roadmap of progress it hopes to achieve and whether it is on its way to achieving it....the money wells will continue to be dry.
And this new caste system of the DONOR forum which basically says screw you to everyone who has spent time, money or effort on IV and completely goes against the "Change for fairness and Justice" mumbo jumbo is a step in the right direction, IV needs to give way to an actual movement that actually does something and this DONOR forum concept will certainly go a long way in the marginalization of this site and community.
But the stark reality is this... If you look at the IV website to see what action/progress has been made in "the cause"....there is some vague statement about Patton Boggs and how we have this lobbyist who is educating congressmen...Who exactly? How? When? Oh those details cannot be given.
There is a link about IV in the news...the last time IV was in the news was in Sept 2007 ...19 MONTHS AGO...
Then there is a link about IV and FBI namechecks...The last update is some thread in Feb 08 and this brilliant statement from 2007 ..."IV has met officials from agencies and has raised this issue in the recent past. We have been informed that there is an effort being undertaken to significantly reduce name check backlogs in the next 6 months." SERIOUSLY?? You really expect that you can convince people to contribute based on this flimsy evidence of doing "something" that you really cant tell us ??
For those asking for money, THERE HAS NOT BEEN A SINGLE UPDATE ON ANY PROGRESS SPECIFICALLY ACHIEVED BY IV IN THE LAST YEAR AND HALF !!!
How can you justify this? Actually, you dont have to....There are many like me who will answer questions of panicked people about how to navigate the complex immigration system but until IV can provide some concrete proof of what specifically it is doing, how exactly it is spending the money and what roadmap of progress it hopes to achieve and whether it is on its way to achieving it....the money wells will continue to be dry.
And this new caste system of the DONOR forum which basically says screw you to everyone who has spent time, money or effort on IV and completely goes against the "Change for fairness and Justice" mumbo jumbo is a step in the right direction, IV needs to give way to an actual movement that actually does something and this DONOR forum concept will certainly go a long way in the marginalization of this site and community.
more...
bsbawa10
11-24 06:08 PM
I am wondering if it is a "revenge" that USCIS has taken because it could not have its way in June/July 2007 in blocking us from filing 485.
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elliptic
05-11 06:17 PM
I tried to apply for the SSN for my wife and my child about 6 weeks ago.
As expected, the officer refused even to accept the application ("H4 don't get
SSNs"). I would have submitted the application by mail, but this is not
possible since I have to show my passport to prove that I am legaly in the
country. I insisted that I have a legal reason to apply and even if she thinks
this is not a legal reason, they have to accept the application.
The head of the local office finally accepted the applications. I was told
that the regional office thinks that the Stimulus Payment is not a federal benefit.
One week later the application was declined. The reason given was
that "the SSA doesn't issue SSNs for tax purposes." I had included with
my application a cover letter with the relevant parts of the law and why I
think the SSA should issue the SSNs.
I will now ask for reconsideration. If the SSNs are still declined, I am not sure
about the legal process. Normally, there are two more levels before
a social security case goes to court. One can ask for reconsideration
by an administrative law judge. I think this doesn't cost anything for me,
but I am not sure if this also applies to cases like applying for SSNs.
(Usually it is about the payment of benefits.)
There seems to exist something like a legal definition of federal benefits
(see Wikipedia). I am not sure if the Stimulus Payment would satisfy
this definition and if this definition is the one used in the social security act.
To bring the case to court is quite useless since when the case is decided,
it is to late. One needs the SSN in 2008.
As expected, the officer refused even to accept the application ("H4 don't get
SSNs"). I would have submitted the application by mail, but this is not
possible since I have to show my passport to prove that I am legaly in the
country. I insisted that I have a legal reason to apply and even if she thinks
this is not a legal reason, they have to accept the application.
The head of the local office finally accepted the applications. I was told
that the regional office thinks that the Stimulus Payment is not a federal benefit.
One week later the application was declined. The reason given was
that "the SSA doesn't issue SSNs for tax purposes." I had included with
my application a cover letter with the relevant parts of the law and why I
think the SSA should issue the SSNs.
I will now ask for reconsideration. If the SSNs are still declined, I am not sure
about the legal process. Normally, there are two more levels before
a social security case goes to court. One can ask for reconsideration
by an administrative law judge. I think this doesn't cost anything for me,
but I am not sure if this also applies to cases like applying for SSNs.
(Usually it is about the payment of benefits.)
There seems to exist something like a legal definition of federal benefits
(see Wikipedia). I am not sure if the Stimulus Payment would satisfy
this definition and if this definition is the one used in the social security act.
To bring the case to court is quite useless since when the case is decided,
it is to late. One needs the SSN in 2008.
more...
pmat
09-25 10:44 PM
I don't have any choice other than going with Fragomen because of employer restrictions... they are very slow... I have found that they only respond to the HR emails -- they will never respond to your emails and you will keep on waiting for replies for weeks together...
My LC was approved in Feb.. they took 4 months to prepare and file my I140 application which is most probably the simplest application.... After the dates became current in June - they took 10 days to send me a list of documents required for I485 despite several emails... That too happened after HR intervention.
I am fortunate that my GC process was started by other law firm... They filed my application in EB2 otherwise I am pretty sure that Fragomen would have gone for EB3. I have been with another law firm that started my GC process,,, and trust me -- it was much much better than Fragomen in spite of being a large law firm.
Fragomen should stop taking clients if they cannot handle the load... Phone calls made to their lawyers/paralegals always go to voicemail --
Don't use them if you have a choice.
My LC was approved in Feb.. they took 4 months to prepare and file my I140 application which is most probably the simplest application.... After the dates became current in June - they took 10 days to send me a list of documents required for I485 despite several emails... That too happened after HR intervention.
I am fortunate that my GC process was started by other law firm... They filed my application in EB2 otherwise I am pretty sure that Fragomen would have gone for EB3. I have been with another law firm that started my GC process,,, and trust me -- it was much much better than Fragomen in spite of being a large law firm.
Fragomen should stop taking clients if they cannot handle the load... Phone calls made to their lawyers/paralegals always go to voicemail --
Don't use them if you have a choice.
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pmmo
10-27 07:08 PM
I tend to agree with all the view points expressed here. I don't think we are supposed to know every immigration details (and, I guess, that is what the immigration lawyers are for), but USCIS always will reserve the right to do anything anytime. So, I think, it is better to be educated and over cautious on such matters. It is totally USCIS' fault to issue a wrong approval (if that indeed is what happened in my case-we will find out) and I hope they make amends for it by giving me an expedited EAD and AP so I can rest peacefully (and wait, I don't know, may be another 7 years to get a "real" approval).
TravInd, please let me know the attorney you used in your case, if you don't mind sharing that information. I feel like my attorney is not very responsive.
TravInd, please let me know the attorney you used in your case, if you don't mind sharing that information. I feel like my attorney is not very responsive.
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BornConfused
07-03 09:41 AM
When exactly did you submit your application? I just called a few minutes ago to ask about mine (which was submitted early May) and the guy said I should not be affected by this as I should already be well into "the process by now" meaning I should have already been assigned a visa. He spoke very very slow...so I don't know if he was 100% sure of what he was saying:confused:
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webm
06-26 10:30 AM
Yes , its Free :D Anyway - lets talk with a 3rd person (maybe USCIS) and confirm. Its Free, if you read the EAD forms its clearly written that once some one pays $340 ( not other amount) it becomes FREE for ever. I just checked the EAD forms again before writing this post - let me PASTE from EAD forms if that clear the confusion.
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
Gurus,Is the above said true..please clarify...as it saves everyone who file renewals in 09 (esp. folks missed boat for 2 yr EAD)..
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
Gurus,Is the above said true..please clarify...as it saves everyone who file renewals in 09 (esp. folks missed boat for 2 yr EAD)..
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Green.Tech
03-13 11:18 PM
... and if you have a copy of that beautiful I-140.
Suppose I initially worked as an Engineer, and got labor and I-140 approved. Now, say I totally change my field to become a Business Development Manager, can I still port the older PD from the previous I-140 (assuming that a new labor and 140 will need to be filed for the new job) or does the job have to be same or similar for me to port the older PD?
Any inputs? Thanks!
Suppose I initially worked as an Engineer, and got labor and I-140 approved. Now, say I totally change my field to become a Business Development Manager, can I still port the older PD from the previous I-140 (assuming that a new labor and 140 will need to be filed for the new job) or does the job have to be same or similar for me to port the older PD?
Any inputs? Thanks!
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PAL
08-07 05:24 PM
To Simple1
What I meant to say, you�ll succeed if you have the capability (with your professional knowledge, experience and skills) in your professional filed but definitely not with USCIS.
I can say, USCIS is a great leveler in this aspect. Everybody from PhD to Programmer is same in front of USCIS. All have to wait 10+ yrs with mental tension and anxiety, no matter what your caliber is and how successful you are in your profession.
Don�t get me wrong here. I also had to suffer for visa stamping, renewals, I-94 issues, PA etc in US Visa processing (nothing sever though). At the 5th yr of H1-B, I just decided.. to hell with that.....
I don't know about you guys, but, I would be heart patient with that kind of anxiety in another 5 yrs of GC process �. Really need a lion's heart to pursue US GC now days
What I meant to say, you�ll succeed if you have the capability (with your professional knowledge, experience and skills) in your professional filed but definitely not with USCIS.
I can say, USCIS is a great leveler in this aspect. Everybody from PhD to Programmer is same in front of USCIS. All have to wait 10+ yrs with mental tension and anxiety, no matter what your caliber is and how successful you are in your profession.
Don�t get me wrong here. I also had to suffer for visa stamping, renewals, I-94 issues, PA etc in US Visa processing (nothing sever though). At the 5th yr of H1-B, I just decided.. to hell with that.....
I don't know about you guys, but, I would be heart patient with that kind of anxiety in another 5 yrs of GC process �. Really need a lion's heart to pursue US GC now days
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ezee
08-21 02:37 PM
Are they asking for $20 money order or a stamped envelope again? I won't be surprised if these people are pocketing the extra money.
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gcandgc
05-21 11:45 AM
Hi Pappu
Like me most of us would have got the reply from the Senetor or the congress man for the email that we sent. But all the replies are generic in nature and focus is on illegal immigration issue. The problems of "Legal immigrants" to my knowledge did not get their attention?. This is my observation.
Regards
GCANDGC
Like me most of us would have got the reply from the Senetor or the congress man for the email that we sent. But all the replies are generic in nature and focus is on illegal immigration issue. The problems of "Legal immigrants" to my knowledge did not get their attention?. This is my observation.
Regards
GCANDGC
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ArunAntonio
02-13 02:45 PM
Folks,
Please Ignore people who are obviously here to create confusion and to discourage and bring down the general morale. It causes a drain on the energy of the *Volunteer* Core Members. We should never lose sight of the fact that this is the one and only Forum that has our goals as the Priority and it is the *Volunteer* Core Members who have taken the initiative to try to get something done. The very fact that we have this Forum and that we have a coordinated effort to try to get some thing done to address our issue is worth the money that I have contributed and will continue to contribute.
What will I do with a few extra 100's when I have no security?
Folks please understand and support the effort. Be Positive and keep the energy effort and drive UP.
Please Ignore people who are obviously here to create confusion and to discourage and bring down the general morale. It causes a drain on the energy of the *Volunteer* Core Members. We should never lose sight of the fact that this is the one and only Forum that has our goals as the Priority and it is the *Volunteer* Core Members who have taken the initiative to try to get something done. The very fact that we have this Forum and that we have a coordinated effort to try to get some thing done to address our issue is worth the money that I have contributed and will continue to contribute.
What will I do with a few extra 100's when I have no security?
Folks please understand and support the effort. Be Positive and keep the energy effort and drive UP.
delhirocks
06-19 06:59 PM
I want to ask if I file my labour before oct 2007 am I going to be safe?
Or I will still come under the merit system?pls anybody will ans this question. I am going to start my GC 2 months(after adv etc)
You need to file for I-140 before 10/1/07.
For that you need to have an aproved Labor.
Bear in mind this is just one of the opinions out there (albeit the most prevalent)
Nothing is final yet, untill CIR passes both houses and signed by the president before 09/30/07. (Though it looks highly likely now)
Or I will still come under the merit system?pls anybody will ans this question. I am going to start my GC 2 months(after adv etc)
You need to file for I-140 before 10/1/07.
For that you need to have an aproved Labor.
Bear in mind this is just one of the opinions out there (albeit the most prevalent)
Nothing is final yet, untill CIR passes both houses and signed by the president before 09/30/07. (Though it looks highly likely now)
mohican
01-15 09:16 AM
Hi RajuSeattle--
You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.
Please note the response I got from the attorney of my previous employer (the one who revoked)
This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.
Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.
I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.
Mohican,
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.
Please note the response I got from the attorney of my previous employer (the one who revoked)
This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.
Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.
I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.
Mohican,
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
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