485 after changing job

R

rohit_97

Registered Users (C)
Hi Guys, I am writing this just to clear my doubts. My case is little vague as I filed for my 485 after leaving my job. Here are the details.

labour approved in 1999.
I-140 approved in Aug 2000
Switched job in Feb 2001
Filed new labour with new company in Apr 2002

While discussin with my new attorney I told that I also had an approved i-140 with old company and she suggested to file I-485 which she promptly filed for me in Feb 2003. My previous company was good enough to handle me my approved I-140 and they also have not cancelled it.

The EAD was approved in March 2003.
Applied for EAD renewal in Jan 2004.
Also got my first FP in April 2003.

Now my question is what to do with my new labour if it comes before I get my I-485 approval. Also should I worry for my 485 as it was filed after leaving the old comnay? What are the chances of getting approved (if any)?

Thanks guys for help...
 
1. A new labor with new company is unrelated to old labor etc. In this case you start afresh and take it from there.

2. You could use old 140 and file 485- that you have done. Per AC21 rules you are expected to change jobs only after 180 days of filing 485. That is not your case. You could get GC approved and then join your old sponsoring employer- for a short while.
Some people belive you don't have to join the old employer at all in this situation. Ask a good lawyer on that.

HTH
 
Thanks for your reply. My attorney says that it's fine to file like this. But then some of my friend's attorney say that we cann't do like that. Anyway, I am taking this risk. One more question. If I get my new labour approved (that may come in a year as NY has started moving now), should I go ahead and file another I-140 OR wait for the existing 485 to be decided first?
Thanks.
 
From what my previous lawyer had told me, it's OK to file for 485 even though you're no longer currently employed with the company who filed your 140 as long as they do not revoke it, which is the case with you. Also, AC21 does not say when exactly you can change jobs, the only requirement being that when your case is adjudicated you should have completed 180 days on your 485 to take advantage of AC21. I hope I'm clear on this. For example, if your 485 came up for adjudication say 120 days after you filed (this is almost impossible) and you had indeed changed jobs then your 485 will be denied on the basis that you changed jobs before 180 days on your 485. In fact, a friend of mine had a similar problem as yours, and I told him the same and he approached a lawyer and he did infact file his 485 after losing his job. My 2 cents.
 
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That's encouraging.. Thanks mavishka for your response. I have already crossed that 180days limit. The 485 was filed in Feb last year. So hope I should be fine... Let's see what happens. Thanks again.
 
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