Need urgent help after I-485 approval, PLEASE HELP

[kanpuriha]

Guys, I am not sure in which forum I should post my issue and it’s a little long description as well so please bear with me –

I came to USA on H1-B through a consulting company A and then went on to join some other company through h1-b transfer. In the mean time my new company refused to sponsor my GC so I got that process started through company A (Please note that I was not there employee when they got the process started). Almost 4 years passed since then and I kept on changing companies initially through h1-b transfer and later through EAD card that I got 6 months after simultaneous 140/485 filing.

Last week I got my 485 approved and now attorney told me that I need to join “Company A” ASAP as my GC was filed for future employment. Currently I am working for a great company with a stable job and I do not want to enter into consulting nightmare any more. Please advise if I have any option to save my current job and GC both or I will have to join “Company A” at any cost to save my GC?

[pralay]

Originally Posted by kanpuriha

Last week I got my 485 approved and now attorney told me that I need to join “Company A” ASAP as my GC was filed for future employment. Currently I am working for a great company with a stable job and I do not want to enter into consulting nightmare any more. Please advise if I have any option to save my current job and GC both or I will have to join “Company A” at any cost to save my GC?

At this moment your GC is safe. Even though before I-485 approval you can invoke AC21 and change GC sponsorer, but USCIS does not define the post-approval clearly. People have different opinions about it and there are tons of threads and postings regarding this issue in this forum. My feeling is that if such situation (which is very unlikely) arise when people need to prove their intents, they will be judged/determined case by case basis.

Who is your attorney? Is he/she company A's attorney too?

Did you get any RFE in past where you had to provide EVL etc or something like that?

[kanpuriha]

Dear pralay,
Thx for giving some breather to me and I am also thinking of filing AC21 but so far I have not found a case in forum where somebody filed it after 485 approval. Any way here is answer to ur questions -

1. Yes my attorney is company A's attorney too.
2. I never got any RFE related to my case.

I have one more question - If i can file AC21 shoould I not go for passport stamping at local USCIS office ?

[qwertyisback]

AC-21 is applicable while 485 is pending. Don't file it after GC is approved. You might confuse INS officer and he might reopen your GC file unnessasarily. Be careful. Talk with your own lawyer at your cost and take their advice, won't cost more than few $$$.

[lohith]

Originally Posted by kanpuriha

Dear pralay,
I am also thinking of filing AC21 but so far I have not found a case in forum where somebody filed it after 485 approval.

If your 485 approved less than 180 days of ND(filing date), you are obligated and must joing GC sponsor.

I have one more question - If i can file AC21 shoould I not go for passport stamping at local USCIS office ?
Again, AC-21 applies for 485 case pending > 180 days.

[lohith]

Your issue has been discussed thoroughly on
http://boards.immigrationportal.com/...d.php?t=169840

[pralay]

Originally Posted by kanpuriha

2. I never got any RFE related to my case.

The reason I asked this question because I was wondering at some point (either in RFE or in interview) if you (re-)commited to company A - by providing EVL etc from company A. As you did not get any RFE, I guess, you can arguably assume that you did invoke AC21 already.

Originally Posted by kanpuriha

I have one more question - If i can file AC21 shoould I not go for passport stamping at local USCIS office ?

Don't bother about it right now.