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 EB3 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 Now, as soon as he officially left his employer (Company# 1), he got notified that his GC application is being withdrawn.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

:(
 
Here is what I think.

If company #1 notifys him that they are withdrawing the application, probably your friend will get a rfe from the INS. Or your friend could take the aggressive measure to inform the INS (before company #1 does) that he has changed job using the AC21 106(c).

If it is the INS who issues an intent to deny based on the withdrawal (I guess this scenario is not very likely), then still he needs to show evidence to convince the INS that change of employment is allowed under the AC21 guidance. If he doesn't feel he can handle this by himself, better talk to a competent lawyer.

It is unusual that he has not got FP notice for a year. But no law has said that you can not change job without FP done. Just take longer. Should call an IIO to inquire what is going on.

As long as he changes job with a similar job function, I don't think there is too much to worry.

Cheers! Let's face the INS and those blood-sucker employers with pride and dignity.
 
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
 
CONTACT ME PLEASE

DEAR GC_Ki_Talashi
PLEASE CONTACT ME AT DEV28@YAHOO.COM IF YOOU DON'T MIND AS I MAY GET TO BET TO BE IN THE SAME BOAT AS YOUR DEAR FRIEND. I WOULD REALY APPRECIATE IT
THANKS
 
You must log in or register to reply here.
Top