Advice on I-485 pending

H

huhu03

Registered Users (C)
I would like to get your advice on the following situation:

My company relocated me to US from India in early 2001 and I-140 was approved as EB-1(intracompany manager) in March, 2002. I filed I-485 with TSC in April 2002. I got my 2 AP, 2 EAD (filling 3rd EAD a week ago), and finished FP. Unfortunately current employer wanted me to go back to India to work but only offered me a local salary (not my current US pay) without any relocation package. Of course, I don't want to accept the offer. With my background, I don't see any problem to find another similar job in US. My questions is "Can my employer file a application with USCIS to revoke my I-140 and I-485 sponsorship?" I think my company will lay me off if I decline to accept the unfair offer.

Thanks in advance for your help.

Huhu03

I-485 ND: 05/2002, FP: 04/2003, EB1
 
You need a proper immigration lawyer ASAP! I think for the L-1 you need to work for only that company, or you have to go for an H1-B and do labor certification.
 
I believe you are all okay to find another employer. your 140 approved 2001. and u filed 485 in April 2002. count from April 2002 to the date you are leaving ur current employer (condition is 180 pendign 485 then u can change employer).

if suppose from today 7th Mrch 2004 you are leaving them. you have option of AC-21. I believe you aware of it that after 180 of pending 485 you can switch employer doesn't matter ur 140 rewoked or they informed USCIS... you have right. you even don't need to inform USCIS about AC-21 (if do then fine). just find new employer and work in same job title and duties.. you would get GC... so stop worring and start smiling. :):)

Hire a attorney and file AC-21 thats all...

Good Luck to you.
 
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