I140 Approved-I485 Pending-Closing Company

[kim123456]

I have always stayed on H1B since I came in USA.
I entered in USA on H1B with employer A. Transferred H1B from A to B and B to C in last three years. Currently I am working for employer 'C' and my green card file was filed in employer 'D' in Year 2004.Labour and I 140 approved and I485 filed and pending as part of Green card processing with employer 'D'(EB3-Category).I have never worked for employer 'D'. Not even spent single day at employer D. Now, employer D is suffering from 2008-2009 worst recessions and about to get close in one month. They already informed me. What are the options to get green card with as less risk as possible?
Please accept my appreciation and thank you in advance for your time that you will spent to help me on this issue.

[ginnu]

Originally Posted by kim123456

I have always stayed on H1B since I came in USA.
I entered in USA on H1B with employer A.
Transferred H1B from A to B and B to C in last three years.
Currently I am working for employer 'C' and my green card file was filed in employer 'D' in Year 2004.
Labour and I 140 approved and I485 filed and pending as part of Green card processing with employer 'D'(EB3-Category).

-------------you are eligible for AC21 if I-485 is pending more than 180 days.

I have never worked for employer 'D'. Not even spent single day at employer D.
Now, employer D is suffering from 2008-2009 worst recessions and about to get close in one month.
They already informed me. What are the options to get green card with as less risk as possible?
----------------------You are working with C at this time. get permanent job offer letter from Employer C with same/similar job duties as on your LC and file AC21. you can take the help from Comany C lawyer or can hire your Lawyer to Invoke AC21 with pending I-485.

Please accept my appreciation and thank you in advance for your time that you will spent to help me on this issue.

1 get the copy of I-485 filing reciept from Lawyer.
** if possible try to get LC copy +I-140 approval copy from lawyer of D.
*** you can change lawyer. if you dont change lawyer then any RFE will go to Lawyer who filed your I-485.

[kim123456]

Let me give you more details about my case so you can guide me better

1) Never worked for the company who filed greencard for me. Does it matter?
2) GC Category EB3, Labour Priority Date-August 2004 , I-140 Approval Date-March 2007, I-485 filed on July 2007
3) Can I use AC-21? Using AC-21 will risk my old I-140 approval with the company who filed gc for me and about to close
4) I want to stick to H1B status as long as possible.

Please advice.

[ginnu]

Originally Posted by kim123456

Let me give you more details about my case so you can guide me better

1) Never worked for the company who filed greencard for me. Does it matter?
------------------------------Not a problem. GC is for future job. One can work on H1 with A and B can file GC for you.
2) GC Category EB3, Labour Priority Date-August 2004 , I-140 Approval Date-March 2007, I-485 filed on July 2007
----------------------You ARE eligible for AC21.
3) Can I use AC-21?
---------------------------------YES, YES.
Using AC-21 will risk my old I-140 approval with the company who filed gc for me and about to close
---------------------Not a problem as I-140 is Approved and I-485 pending more than 180 days.
4) I want to stick to H1B status as long as possible.
----------------------- Request your employer to File H1 extension Before your I-94 gets expired (one can file 6 months advance of I-94 expiry date).

Please advice.

---------

[kim123456]

Tons of Thank you for your replies.
I will contact lawyer and try to get it done ASAP.