1-485 without employment

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shivmayi

Registered Users (C)
I-485 without employment
I got my i-40 approved through my friends company and applied for I-485 on march 2003. Recieved my EAD last month. Currently I am not employed by that firm and myself I am a small business owner. Currenlty I am out of status.

Do I have to be employed by this company who has filed my i-485 to get it approved or can I join them once my i-485 is approved. Currenlty I am out of status. If I have to be employed by the firm then what should be the latest date to start and what are the documents INS can ask for at the time of GC Interview.

The firm is not doing very good and if they close the firm next year.

Any response will be appreciated.
 
Need more info like service center.
generally, yes you have to be employed by this company after GC, for atleast 1 year.
At the time of GCinterview, you would need paychecks, W-2s and employment offer letter as the minimum for employment verification.
 
Originally posted by jaxen
At the time of GCinterview, you would need paychecks, W-2s and employment offer letter as the minimum for employment verification.
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As a Green Card is for future employment, there's no requirement that there be paychecks or W-2s at the time of the interview.

The W-2 requirement is NOT used because there's a requirement to work for your sponsor; it's mostly done to ensure that a) your pay matches what is in your H-1B petition (if you are on H-1b) and b) you are not working illegaly for another employer.
 
I am afraid that my answer is different.

You need to be in status. The only way to do that is to find another employment in similar job occupation.

You should not have changed job before 180 days else AC21 will not apply to you. If you change job before 180 days the BCIS will revoke I-140 and therby deny I-485.


At the time of interview, if you are unemployed then BCIS will deny your I-485.


If you have H1 years then use them to be in status. You are handling your case very lightly while it is very dangerous situationfor you. Talk to lwayer immediately.
 
There's a number of inaccuracies in your post.

Originally posted by longGC
You need to be in status. The only way to do that is to find another employment in similar job occupation.
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First, there's no requirement that you be in legal status when you file your I-485. Sections 245i and 245k provide relief to individuals who have been, or are, out of status.

Second, finding another job in a similar occupation does not give one legal status. Filing the I-485 (if one qualifies under 245i/k) would.

You should not have changed job before 180 days else AC21 will not apply to you. If you change job before 180 days the BCIS will revoke I-140 and therby deny I-485.
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Whoa!! Where on earth did you get this information?

First, there is nothing in any law, regulation or memorandum that states that an EB immigrant needs to spend one single day at his future employer before permanent residency is granted. AC21 does not change that one iota. The farthest BCIS has even considered going is that the immigrant must have "intent" through the 180 days.

Second, your claim that BCIS will revoke the I-140 if you leave your employer prior to 180 days after the I-485 filing is pure nonsense. BCIS cannot revoke an I-140 unless the application was granted in error, either via an invalid LC or errors in the application. There are plenty of acceptable reasons for an I-140 beneficiary to leave his sponsor, since non-immigrant and immigrant employment are legally seperate.

If you have H1 years then use them to be in status. You are handling your case very lightly while it is very dangerous situationfor you. Talk to lwayer immediately.
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If he's eligible to file the I-485 then he should do so. No point wasting time and money bothering with the H-1, since there's the lawyer's fees, $1000 and then a visit to his home country since an extension of status cannot be granted at this time.

Talk to a lawyer by all means.
 
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