Khedkar v. USCIS, 552 F. Supp. 3d 1 (D.D.C. 2021) - AC21 Green Card Portability
Aug 05, 2021OUTCOME: Court ruled for I-140 Beneficiary: if USCIS knows about AC21 & wants to issue RFE, USCIS must issue it to him also.
I-140 Petition Beneficiary with pending I-485 Application ported to new job under AC21 Green Card Portability and filed I-485J notifying USCIS before RFE was issued on I-140. USCIS denied I-140 Petitio ... n after RFE mailed only to Petitioner was never responded to. Lawsuit alleged USCIS unlawfully denied I-140 by denying petition without giving Beneficiary ability to respond to RFE.
