485 filed but company shut down before 180 days

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canttakemore

Registered Users (C)
hi,

My I-140 was approved last year and my i-485 was filed 4 months ago. My company filed for bankruptcy and shut down this week. I also have a valid H1 visa till dec next year and I am stil working on the H1 visa. I have EAD and AP approved though.

Now If i find a new job, and i take up that job on EAD, how will it affect my 485 process? Please help!.

Also since I am currently on H1, do i have to leave the country anytime soon?
 
Steps to final GC

Wait for EAD .
If it doesnt showup in 2 months apply for iEAD
then switch to new employer

in any case you can legally reside in the US after I-485
till your case is adjudicated which means pulled
by an officer and analyzed and approved that
will happen when arnold schwarz stands for president :)
 
I have my EAD already. Now If I take employment with another employer - do I need to inform BCIS.

My current company (that is filing for bankruptcy) will not revoke my I-140.

Answers please !!
 
Here are my two cents:

1- take it easy, there is nothing to worry about (as long as your former company is not revoking your I-140),

2- you are in legal status even without the H1-B. This is because you I-485 is filed and pending adjudication. Your status is I-485 pending.

3- look for another company (same or similar job) and jon them after the 180 days mark. (This is 180 days from the reciept date of the I-485). I think you should not jon before that date-mark otherwise the AC21 will not apply (my understanding, please verify).

4- as long as you have and EAD and AP (I-485 pending) you can keep renewing them untill adjudication.

You do not have a problem. You just don't have a job. Look for one, and may God help you.

Cheers
 
As far as informing the BCIS of the new job, people have different opinions. Murthy suggests that you do inform the BCIS of the new job citing the AC21 in your letter and stressing on the job being the same or similar to that mentions on the LC/I-140.

I ca not give you an advice here. I can only tell you what I have read or seen at other sources.

Cheers,
 
and dont't forget to ask you company about not sending any form for you that you are not his employee from now onwards or blah blah. Ask them to send it after 180 days. That would make your case some what stronger!!
 
AC-21 rule to the best of my knowledge only applies if the case has not been adjudicated for more than 180 days.. This means that from the receipt date of your I-485 application 180 calendar days should have passed..

I suggest you trying for a new job and not switch until 180 days has comfortably passed and then join the new employer...
 
Nice...

Its a nice to see all the helping souls if someone is in trouble...
i want to help ,but not confident enough to suggest somebody
 
Do you guys mean to say that if i work in a new company immediately there will be a problem ? Only 4 months have passed since my 485 was filed. And i cannot wait for 2 more months without job. What could be the problem if i take up a job with similar profile right now ?
 
The AC21 law says that your I-485 has to be pending and unadjudicated for greater than 180 for you to switch jobs. The new job has to be same or similar.

However, the GC process is for future employment; thus the foriegn national does not have to be working for the sponsoring employer before granting the GC, only after.

Let me clarify:

1- Company A sponsors Mr. X for green card.

2- Mr. X does not have to work for Company A prior to GC approval; however, Company A must be willing to hire him and he must work for it after the GC approval. This is why, when the Legacy INS sends an RFE for letter of employment, it needs to state the intent of the company to hire the forien national after GC approval.

3- During the adjudication process Mr. X can work for any company at any time in any field. However, Company A must still maintain the intention to hire him at the end of the GC process.

4- AC21 came and changed that a little. It said that if the I-485 is pending more than 180 days, then Mr. X can find another Company B to sponsor his GC provided he will be working in the same or similar field with company B as he would have been with Company A.

5- Again untill the GC is approved Mr. X can for for anyone at any time. But the sponsoring Company A should have the intention to hire him at the end of the GC process.

All of this is build upon the intention of Company B to hire Mr. X after the GC is approved. To demonstrate that intention to the BCIS, generally the company hires Mr. X right away and he keeps the same job until the GC is approved.

So in your case, Company A is no loger in the picture (it disappeared). Now you need to find Company B to sposor your GC. That sponsor can only get in the picture with the BCIS after the I-485 pending 180 days, and it has to offer the same or similar job. But in the mean time you can work for any other Company C, D, E, F,.......

Hope I did not confuse you more,

Cheers,
 
Basically my question is that if i take up a new job and start working on EAD, will it cause any issues (since i have not completed 180 days with my sponsoring employer)
 
gurus, please advice:

should i stay unemployed till 180 days have passed since i filed I-485 and then take another employment or should i take up a job right now!!!
 
If the new employer will sponsor your GC, then this employment should start 180 days after filing the I-485. The law is clear there. You cannot swith sponsors before the 180 days have passed from the I-485 RD.

If this is a temporary job, and you will find another sponsor for the GC in future (after 180 days have passed) then you can take this new "temporary" job until you find a new sponsor.

You have to be aware of the risk. If BCIS adjudicates your case and asks for emplyment letter from the new GC sponsor, the starting date must be 180 days after the I-48 RD. If it is not 180 days, then AC21 will not be applicable and your case may be denied.

Please try to talk to a lawyer to have a clear idea and plan accordingly.

Good Luck,
 
Just 2 months

As anybody else - I'm not a lawyer and cannot guarantee this is true - but that's what their regulations say. I do believe that if you manage to survive for another 2 months - then you can sign a new job offer and should not have any problems afterwards.

Just make sure your former employer does not revoke your application.

L.
 
All over again?

Canttakemore, of course you can sign the offer today if your new employer would sponsor you for GC. But then you have to start all over again - file a new I-140&I-485, wait again...I think it's a much bigger waste of money and time than 2 months of unemployment. Besides, what if something happens to your new job in let's say 9-10 months? All over again? At least you already have an approved I-140. I would wait and pass 180 days.
 
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