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

[GC_Ki_Talashi]

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 Now, as soon as he officially left his employer (Company# 1), he got notified that his GC application is being withdrawn.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

 

[CS485]

No Need to worry

All your friend needs to do is hire a new and a good lawyer ASAP. AC21 protects him and his employer cannot withdraw his application. I485 is not employers application. If your friend signed G-28 (i guess, can somebody correct the form #) with your lawyer, then the lawyer should represent your friend, not his employer and the lawyer cannot say that he will not process his case. Try posting the same question to Ron Gotcher at http://immigation-information.com. He will have more accurate answer.

Good luck to ur friend.

 

[ghost-rider]

hire a new lawyer and file in for AC21 ruling. there was a posting on murthy.com where they won such case after 140 withdrwal.

 

[GC_Ki_Talashi]

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 soon !!!

Thank you all,
GC_Ki_Talashi