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I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days.

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Old 20th February 2009, 01:23 AM
chandu_apps chandu_apps is offline
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I485 and EAD transfer to own company

Hi, I joined company X and they used pre-approved labor and started my GC process 3years back and I-140 Approved more than 2 years and I-485 is in pending PD is April 2004 and EAD is approved till 2010.
Started my own company Y last year and drawing W-2 salary on my company as part time job while working at the same time to my actual employer X who is holding my GC process and also getting W-2 wages from exployer X too.

Question: There is a possibility that my employer X might do a layoff due to current market conditions. If that happens.
Can I start the GC process continuation of I-485 and EAD from my company Y from where I am already getting W-2 wages and paying all taxes to IRS?
I know somebody mentioned we cannot sponser/continue GC from our own company, if so, I can transfer the company owner ship to my brother and make myself no shares and just be an employee.
Another Question is as I am already getting W-2 wages and filed taxes for 2008 on my own comapny.
Can I still transfer the GC process to my company if the company X lays-off me?

Thank you and appreciate all your help,
Chandu.
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