Immigration Site

I have never came across this kind of scenario that happened to me...Please suggest what are my options...
Details about my case - My LCA started in Aug 2003...got approved.
Filed I140 at NSC (just 140 without 485) in EB2 in May 2004 - Got RFE for education equivalency( stating i have 3 yr degree and LCA require 4 yr deg. ) in Dec,04 1st week...My lawyer replied and asked to convert it to EB3 by Dec 2nd week.
Lawyer said, to be on safer side we should file another I140 in EB3 before EB3 category gets retrogressed in Jan 2005.
So filed another I140 in EB3 with concurrent 485 on Dec 28th 2004, so that I can get atleast get EAD based on pending 485.
Now I had two I140 applications.
Applied and was issued EAD in Mar 2005 based on pending 485(2nd application).
Also, NSC accepted our reply and my 1st 140 was converted to EB3 and approved in June 2005.
As my EAD was associated with 2nd 140 application, my lawyer didnt withdraw it and we waited for its approval.
Thinking that everything is going smooth I changed employer based on EAD in April, 06 (after more than year of my I140 filling)..so lost my H1 status.

Heard nothing from NSC untill another 4 months...............after a year and half..i.e in June,06..I received a letter of Intent to Denial on my second I 140 and also Intent to Revoke on my 1st 140 (for the same reason that I have 3 yr deg and LCA require 4 yr education ). NSC STATED THAT THEY MISTAKENLY AMENDED AND APPROVED MY MY 1st I140 APPLICATION.

Got my education evaluation done from reputed evaluation firm ( have read a lot of this firm in different forums..and my lawyer also recommended its name)... Paid $1500 for evaluation and my lawyer submitted the response.

But last week received the denials from NSC for both the I 140 application. Havent yet received 485 denial but Lawyer said it must be on the way. So I have just few more days left of valid status.

Not sure what are my options now.
1. Can my previous employer appeal agains NSC decision even though I am not their employee any more?
2. Will appealing help me in maintaining my status?
3. Can I file I140 again at different center? Will that be of any help.
4.Is my labor certification still valid? How can I use it?
5.How long can I stay in US after my 485 is denied? Lawyer said stay should not exceed 3 mths....

OR what other options do I have other than going out of US for an year and then coming back on H1....

On top of it my spouse also lost her status as she was also working on EAD based on my GC process....man its a torturous situation......

Please help and suggest ...I will have to take some action in next couple of days before I get my 485 denial.

Thanks a lot.....

hashok,

Please see a competent lawyer ASAP and dont waste a day in waiting for 10 different opinions from 10 different forum members.

Good luck!

Thanks for your suggestions.
Can I appeal the denial on my own or do my previous employer can do it on my behalf without my being their employer any more ?

Thanks for your suggestions.
Can I appeal the denial on my own or do my previous employer can do it on my behalf without my being their employer any more ? 140 is employers petition and employer has to appeal it. They can appeal even though you are not an employee currently, they can have a intention to hire you in future or once your GC gets approved.