485 filed a yr ago, leaving company, what's gonna happen???

G

GC_Ki_Talashi

Registered Users (C)
Hi All,

A friend of mine got into a hapless situation. I am hoping some of you could help him get out of it. He has been employed with a contracting company (Company# 1) for the past 5 years and has been working for the same client (Company# 2) for all these years. He started his GC processing around 3-4 years back in EB2 category from Vermont Center. He filed his 485 in July 2001. Got his EAD's long time back (he even renewed them after they expired some time early this year). He is still waiting for his FP notification, though. Understandably, his employer kept paying a meagre salary and he is fed up with them. So, when the client offered him a permanent position, he took it right away. He kind of thought it is safe to do since more than 180 days passed after he filed his 485. Now, as soon as he officially left his employer (Company# 1), he got notified that his GC application is being withdrawn. He spoke to the attorney and she said that he has to hire another attorney and proceed with his processing ASAP. She wouldn't give him any more information since she has a conflict of interest with her client (Company# 1) and my friend. His new employer (Company# 2) won't process GCs and he got a job only due to the reason that he has EADs.

Can some one in this forum shed some light on what the worst that could happen to this guy and what is the best option he is left with? Also, please remember that he hasn't got his FP notification for some mysterious reason, even after more than year of filing for 485. What should he do now? Please advise. Your help would be grately appreciated.

Sincerely,
A desi in need


:(
 
Finger Printing can happen anytime during the 485 process and has little effect on when the 485 is approved. There are cases where folks got FP towards the end of the 485 Process and then, got 485 aproved within a month. Its good to check with the INS thru a lawyer as to why this long delay. It is a concern that FP hasn't happened since 7/2001.

With the AC21 law, after 180 days the GC sponsoring company cannot harm the GC process even if they try. The 2nd company doesn't have to start another GC process at all. All they need to do is to provide an employment letter stating the similar job duties, if the INS requires it. A lot of cases go thru w/o any RFE. So your friend should be safe.

It would have been better if he stayed with the Comp # 1 till the GC. Either way, he is ok till the INS issues a RFE for which he must get an emp letter from Comp #2.

Good luck!
 
I agree with Upstate_NY...

However why should the person has to stick with the old company till he gets his GC? AC21 rule is applied only to people who change jobs after 180 days of waiting after filing I-485 and before GC is approved. Once the GC has been approved then the friend has to stay with the company #1 to prove his intention to work permanently with co #1 for some(?!) time. So the friend has taken a good decision to move out and he has to now retain a good lawyer (submit the necessary forms) and pursue the GC process till its end. So tell your friend he is in good position. Best of luck to him.

-P_A
 
Thanks !

Guys,

Thanks a lot for all the replies. My friend already hired an attorney and proceeding with filing AR 21 and having the attorney talk to INS to get some info about his FP being delayed. You guys are all awesome. My friend got panicked unnecessarily, quite understandaly, though. This forum helped him regain his composure and get confident. I thank you all on his behalf. Me, I am still playing the waiting game and hoping to hear the magic words !!!

Thank you all,
GC_Ki_Talashi
 
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