H1 Ext Denied, I-485 Pending 180 days+ and i-140 approved

[krishna_brc]

My H1 Extension denied, MTR filed and curretnly working using EAD.

Reasons given by USCIS for the denial.
1. My company was not able to provide end-client letter
(Client is not willing to give any letters to consultants)

2. My company business location appears to be have small physical area in rooms where as the employee count appears to be high 245+
(Its a consulting company and employees work at different locations)

3. USCIS also says that my company is working as a "token employer" - contracting agent.

4. The portion of the petition requesting an extension of stay or change of status for the alien is now being denied as the non immigrant visa petition filed in the aliens behalf has been denied.

What is my status now?
What are the chances of my I-485 getting approved if i work for same company?
Should i change employer using AC21 to save myself?
Please advise...

Thanks,

[txh1b]

Parolee. No one can predict if USCIS comes back and says the "token" employer cannot really offer a "permanent" position that qualifies for a GC. Your call.

[krishna_brc]

Thanks

Parolee. No one can predict if USCIS comes back and says the "token" employer cannot really offer a "permanent" position that qualifies for a GC. Your call.

Thanks for the information.

I found an new employer but it is relatively small company ( < 20 employees)
Do you think it should be OK to change to this employer.
Also should i file AC21 immediately after joining this new employer.

Thanks

[txh1b]

AC21 filing request isn't mandatory but a good to have on file as USCIS may deny 485 if the I140 is revoked by the employer for any reason without AC21 on file.

It may come handy when you file N400 to prove that you changed employer before you got the GC and not after thereby suggesting a bogus FT position to get a GC.

[krishna_brc]

Thanks Much!

AC21 filing request isn't mandatory but a good to have on file as USCIS may deny 485 if the I140 is revoked by the employer for any reason without AC21 on file.

It may come handy when you file N400 to prove that you changed employer before you got the GC and not after thereby suggesting a bogus FT position to get a GC.

Thanks very much for your suggestions.
Your help is highly appreciated.

Let's see what will happen to my future in a couple of years or even months.
I will have faith in God.

Thanks,
Krishna