6 months on I485 but I140 not approved

J

jtrivedi

Registered Users (C)
Hi All,

I had a question. If I complete 6 months on I485 but I do not get my I140 approved and for some reason my company closes down or lay's me off but does not withdraw my 140 application. Is it true that I can join another company and continue with my gc application of I140 and I485?

Is the outcome same in case of my company closing down vs I being layed off?

Thanks !
 
might be a problem....if a RFE is generated on your I-140

You can do that provided your previous company supports your GC process (mainly I-140). You mentioned that they will not revoke the I-140, which is good.

If you get laid off and company still supports your I-140 petition, I think you are still okay as GC is for a future job. They might still have to address any RFEs in your GC process.

But if the company closes down its operations and you still have not got your I-140 approved, then it might be aproblem. If a RFE is generated on your I-140 regarding your employer (since I-140 is the Company's petition), then you will not have their support to reply for that RFE.

Its always safe to switch companies after getting an I-140 approval (I am sure by this time, many of the concurrent filers will certainly would have crossed 180 days on their 485) and then can take shelter under AC21.

This is just my thoughts....any comments??

Good Luck.

Cheers,
anonymous
 
Just to reiterate, in case of leaving the company (or getting laid off) before 180 days on I485 definitely means that I lose my labor certificate and my pending I140 and I485 applications. Basically I have to start ground up in that case, correct?

THanks
 
You must log in or register to reply here.
Top