180 days after I-485, Company filed bankruptcy

[NewFriend]

I filed I-485 last July, and got finger-print done 5/2002 (I-485 not approved, not passport stamped)... Now the company filed bankruptcy Chapter 11. Two questions:

1) If my company still keeps me employed while it is filing bankruptcy, will that affect my GC application approval?
2) My wife is working under EAD, which is under my application. If I got laid off, is she still legal to work (EAD will expire in Sept 2002)?

Thank you very much!

NewFriend.

 

[Jim Mills]

1. It shouldn't make any difference at this point. The worst you would get would be an RFE but that seems unlikely since the company normally needs to prove its ability to pay the offered wage at the I-140 stage.

2. The EAD remains valid until it is cancelled.

 

[Rajiv S. Khanna]

Be careful. You MUST protect yourself through 485 portability by finding similar employment elsewhere.

Originally posted by Jim Mills
1. It shouldn't make any difference at this point. The worst you would get would be an RFE but that seems unlikely since the company normally needs to prove its ability to pay the offered wage at the I-140 stage.

 

[Rajiv S. Khanna]

No%20Title.

Be careful. You MUST protect yourself through 485 portability by finding similar employment elsewhere.

Originally posted by Jim Mills 1. It shouldn\'t make any difference at this point. The worst you would get would be an RFE but that seems unlikely since the company normally needs to prove its ability to pay the offered wage at the I-140 stage.