JunRN
12-17 06:25 PM
Please state your case such as PD, I-140 approval, previous visas such as H1, F1, etc before we can comment.
sodh
07-11 09:37 PM
Everything has its charm once, try something creative.
gc28262
07-29 12:25 PM
Good One !
satishku_2000
12-21 08:05 PM
There are so many things that come into picture such as ability to pay , proferred wage , qualifications of individual , requirements for the job.
Can any one predict when will 2008 PDS will become current for people from India whether Eb2 or EB3 . As far as I can predict it really does not matter if some one is looking at PD of 2008 and from India , one is there for a long time if congress does not act.
Can any one predict when will 2008 PDS will become current for people from India whether Eb2 or EB3 . As far as I can predict it really does not matter if some one is looking at PD of 2008 and from India , one is there for a long time if congress does not act.
more...
Ramba
04-09 07:12 PM
That is Wrong. He can enter on H1 still maintain I-485. H1 can be from any compnay.There is reason why H1 is called as dual intent visa.
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
boston_gc
01-25 05:49 PM
Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
more...
PD073102VA
03-26 09:43 PM
One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
americandesi
11-01 12:32 PM
I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.
Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.
Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.
If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.
2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.
Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.
Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.
Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.
If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.
2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.
Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.
more...
piyu7444
04-07 07:22 PM
To be very clear what I�m saying below is what I heard from a friend. I do not have a first hand knowledge
My friend�s neighbor works full time for BOfA and went visiting to India in March and went to the Consulate in Hyd for stamping, his stamping was rejected with a reason that his H1 was sponsored by a TARP funded company. Now if this is true this could just be becasue at that point USCIS had not come out with its TARP guidelines and the situation now may be different. My friend knows this because the victim here called him to take care of his belongings in the APT etc..
Now I also work for a TARP bank full time and get to hear this from other colleges. Again I want to reiterate, I do not have first hand info. This was told to me by a friend whose neighbor now is supposedly stuck in India for a min of 6 months
If this guy in question was working for BOFA before this TARP CRAP was introduced the embassy can not deny him h1b stamp as he would have an approved petition and any petition approved before TARP CRAP law came into its existence can not be denied on the basis of TARP CRAP law.
I really doubt that his h1b was denied due to TARP.
My friend�s neighbor works full time for BOfA and went visiting to India in March and went to the Consulate in Hyd for stamping, his stamping was rejected with a reason that his H1 was sponsored by a TARP funded company. Now if this is true this could just be becasue at that point USCIS had not come out with its TARP guidelines and the situation now may be different. My friend knows this because the victim here called him to take care of his belongings in the APT etc..
Now I also work for a TARP bank full time and get to hear this from other colleges. Again I want to reiterate, I do not have first hand info. This was told to me by a friend whose neighbor now is supposedly stuck in India for a min of 6 months
If this guy in question was working for BOFA before this TARP CRAP was introduced the embassy can not deny him h1b stamp as he would have an approved petition and any petition approved before TARP CRAP law came into its existence can not be denied on the basis of TARP CRAP law.
I really doubt that his h1b was denied due to TARP.
go_guy123
04-17 05:00 PM
In an amazing turn of the tables, Republicans are growing increasingly concerned that Democrats will attempt to pass immigration reform this year in order foster an internal split on the right. Since Prop 187 was passed in California in 1994, Republicans have often tried to use the immigration issue as a way to energize right wing voters and get them to oppose Democrats who are pro-immigration. Three op-ed pieces discuss that issue just in the last day. Michael Barone of the right wing American Enterprise Institute in the Wall Street Journal, Fox News co-host Morton Kondracke in Congressional Quarterly and...
More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-could-be-a-reverse-wedge-issue-for-dems.html)
Another good and realistic post by Greg Siskind. IN some ways it better to try CIR this year.
Obviously it will fail...but at least we will do away with these "comprehensive" things and
focus on piecemeal.
More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-could-be-a-reverse-wedge-issue-for-dems.html)
Another good and realistic post by Greg Siskind. IN some ways it better to try CIR this year.
Obviously it will fail...but at least we will do away with these "comprehensive" things and
focus on piecemeal.
more...
cybergold
04-28 05:38 PM
ok thanks, i'll get rid of them right now
boom
10-01 07:17 PM
Let me know if someone successfully cancelled 2nd application.Is stop payment advisable.As USCIS is saying not to do stop payment.
more...
GCHope2011
11-29 08:21 AM
Hello ,
Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.
My question is , what posibilities are the USCIS can approve or deny my petition?
Here is the info about the parent company with the us branch :
Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.
I do not carry profesional degrees however i was in the payroll of the company since 1998.
I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.
My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.
Is this sufficient to get an approval? or it can be rejected?
We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.
Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?
Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.
How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.
To do so:
- A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
- The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
- The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
- The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
- The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual
All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle
So, if your application is very clear cut on all of these points, then at least you might have some chance.
There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).
Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.
My question is , what posibilities are the USCIS can approve or deny my petition?
Here is the info about the parent company with the us branch :
Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.
I do not carry profesional degrees however i was in the payroll of the company since 1998.
I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.
My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.
Is this sufficient to get an approval? or it can be rejected?
We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.
Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?
Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.
How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.
To do so:
- A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
- The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
- The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
- The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
- The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual
All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle
So, if your application is very clear cut on all of these points, then at least you might have some chance.
There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).
EkAurAaya
04-16 01:31 PM
This is precisely why my Lawyer (amongst the top) advised to maintain H1B (so keep filing for extensions).
If your H1 expires and you are here based on AOS 485 > and for some reason 485 gets rejected you are out of status.
Good luck!
If your H1 expires and you are here based on AOS 485 > and for some reason 485 gets rejected you are out of status.
Good luck!
more...
enthu999
07-17 10:15 AM
I am NOT going for another TN renewal which might pose a problem once my AOS is filed next time. I will be entering in H1 status.
DDD
08-20 09:43 AM
^Good Idea
First Attempt (hopefully someone with better detail can make it look nice):
http://img393.imageshack.us/img393/8536/orlysr5.gif
That is awesome and hilarious. Instantly my fav smily (bumping :trout: )
First Attempt (hopefully someone with better detail can make it look nice):
http://img393.imageshack.us/img393/8536/orlysr5.gif
That is awesome and hilarious. Instantly my fav smily (bumping :trout: )
more...
GreenCard4US
08-21 10:53 PM
The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
Further Questions:
Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
Further Questions:
Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
wandmaker
10-23 05:46 PM
From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.
AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.
If you can post the legal references to support your point, it will really help many IVans.
AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.
If you can post the legal references to support your point, it will really help many IVans.
mrajatish
09-13 03:23 PM
Please stop complaining, multiple posting of same greivance and try to do something constructive - I have been waiting for more than 5 years now too, and as frustrated as I am, I do not feel complaining will get me anywhere.
pooja_34
10-17 07:32 PM
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?
wandmaker
12-17 01:49 PM
my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
a. You wait for MTR results and make a decision based on that
b. If you MTR is denied, you will have to start your GC process from scratch (labor -> 140 -> 485) because your 485 is automatically denied - so do not think of using EAD or avail AC21.
c. since you have an approved H1B till 2010, you can transfer it to new employer - ask the new employer to GC, and you will become eligible for further H1 extensions.
consult a lawyer immediately as yours is a tricky situation.
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
a. You wait for MTR results and make a decision based on that
b. If you MTR is denied, you will have to start your GC process from scratch (labor -> 140 -> 485) because your 485 is automatically denied - so do not think of using EAD or avail AC21.
c. since you have an approved H1B till 2010, you can transfer it to new employer - ask the new employer to GC, and you will become eligible for further H1 extensions.
consult a lawyer immediately as yours is a tricky situation.