I'm afraid I don't have very good news for you.
The EB-3 visa is issued only for a future job offer. Yes, the offer was made years ago for a future job offer, but the offer must continue to exist in order to continue the process. Therefore,t he employer would have to supply the approved I-140
petition and a current job offer letter in order for you to continue through the visa process.
So in this case, as of the date the sponsor no longer had that specific position available, you no longer were eligible for the EB-3 visa. Unfortunately, they have the option to continue sponsoring the visa or not.
The only way you can continue to be eligible for the EB-3 visa at this point is for a new sponsoring employer to "take over" by getting approval of a new I-140 petition on your behalf. The employer can use the original priority date (from 2005) and you very likely will be eligible for the visa immediately, as long as the dates don't retrogress to before your 2005 priority date.
You may have a civil case against the employer under contract law, but you likely will only get the cost of what you've spent in expectation of the continued sponsorship. That is something you should discuss with a contract attorney. Unfortunately, I am prohibited from discussing non-immigration matters.
Please know that while I always do my best to assist customers with coming up with a good solution to their situation, from time to time, the law does not provide a good solution to every situation. Please do not hold bad news against me by giving me a negative rating.
I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.
is appreciated, if you feel I've earned it.If you have immigration or TSA questions in the future, just click Ask Expert James a Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.