140 / 485 without joining company

[vka2100]

Can I process I-140 on a substitution labor and 485 (once I-140 approved)without joining the company.

Any comments!!!
Thanks

 

[nervewreck]

You surely can do that as long as the company that is filing for 485 is ok with it. 485 as mentioned in numerous discussions on this forum, is meant for future employment, thereby it allows the beneficiary to be off the payroll if the sponsorer is ok with it. Quite frankly, there are a lot of companies who would not encourage this, as they are on the losing side if they allow this.

There is always a chance that the candidate would bail out after 485 is filed and 6 months pass by, using the AC21 clause.

Hope this helps..

 

[kiran_k02]

If you do this keep in mind during I-140 they would have to prove ability of pay for all the years starting at the year when your labor was filed. That means they might look for somebody in your role, to whom the employer has payed wages as you described in Labor document.

I would suggest you join the company then follow the process.

Kiran