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 Now, as soon as he officially left his employer (Company# 1), he got notified that his GC application is being withdrawn.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

:(
 
This is my understanding...

Once you are on 485 you don't have to depend on your company to continue sponsorship. Your friend should be able to contine the application processing with a new attorney without the help of the new employer.

This is my opinion, consult an attorney.
 
Do this and don't worry

1. Your friends needs to hire a new attorney ( find the best one in the immigration issue - don't just go for a local one) and file a G-25.
2. Company 2 should give him a employment letter ( which he should be having it already). It is preferable if the employment letter has details of which technologies he works for ( just cut and paste the same thing in the original labor)
3. Make sure he gets a copy of labor, 140 approval experience letter etc from the previous employer company 1.

Company 1 cannot withdraw his I-485 , so no need to worry about it. Company 2 even if they are not will to sponsor for GC , its ok - all they need to do is give a employment letter with technolgies/expertise specified and pay stubs with pay equal or greater than the one mentioned in original labor.
Hope this helps.
Good Luck.
 
could the previous employer withdraw the I140?

Here is my concern.

1 could the previous employer withdraw your I140? I don't know the anwser yet. If yes, it may be trouble since your 485 depends on your I140.
2 'copy of labor, 140 approval experience letter ': Does it mean a Xerox copy is enought, or he has to has official copy?


Thanks
:confused:
 
I might be wrong...but here's what I know...The company which sponsored your labor and I-140 can withdraw the I-140, even after 6months of I-485 approval. I heard and we all know that GC is for a "future" job not the present one. So the 6month period is kinda like an evaluation time for the company. So I assume they can withdraw the I-140 during that period. Please correct me if I am wrong though.

If company #1 did not withdraw the I-140, it's no big deal. Just get the employment letter and you should be ok.

If company #1 did withdraw the I-140, I have no idea.

Madrocket
PD 08/25/2000
I-485 ND 09/24/2001
No FP yet
Houston, TX
 
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
 
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