am I eligible for I-485 ?

J

jaydeep1

Registered Users (C)
Hi All,
Here I am explaining my situations for I-485.

I had filed my I-140 from Company 'A' ,
Company 'A' laid me off before I get my I-140 approval.

Once I got terminated from A, I got job offer from Company 'B' .
Few months after joining company 'B' , I got my I-140 approved and Company 'A' sent that original approval notice to me .

Now lawyer from Company 'B' is saying that he can file my I-485 on the basis of I-140 approval from employer 'A'.
Lawyer is saying that he is very much confident about this.

I want to know from all you people ..is it possible ? How much risk involved in it ? Is It worth giving a try for it ?

Please suggest me ..I really Appriciate your help ..

Thanks in Advance.
 
I140 is noramlly employer specific.Only portability to another employer for that candidate and approved 140 is possible only under provision AC21.
under this provision the conditions are:
with earlier employer for the candidate ,
1)I140 should have been approved.
2)I485 should have neen filed and pending more than 180 days.
Counter check with any other good immi. lawer before you proceed any way.
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Not a legal advise. lay man's opinion
 
You can try it. But only thing check whether last company has revoked your I-140. And if you can get confirmation thay they would not revoke your approved I-140 within six months of filing I-485.

If you are fine with that risk you can apply.
 
jaydeep1



Go to BCIS online check the I-140 status if it still shows that I-140 approved then also take the printout and then file the I-485, EAD, AP no need of letter from past employer A. if I-140 not revoked file I-485 once it hits 180 days your new employer B can invoke AC21. Don’t inform the past employer or any friends; keep quiet after filing I-485 for 6 months. You will get I-485 filing receipt in 10-15 days after filing and EAD, AP approved in 2-3 months. Many have done this. Many will tell you or post here that you need employer A letter to be filed with I-485, it is not needed, USCIS checks all the documents like Birth certificate or employer letter at the time of I-485 approval and it will be after 18-36 months and before that you can send AC21 and employer change letter or when before I-485 approval they send RFE then send AC21 letter from new employer. Don’t wait; your lawyer is correct file the I-485, EAD, AP if I-140 is still approved status and not revoked.
Good Luck!!!
 
Go ahead and file for 485 ASAP. Your lawyer is correct. There are no risks involved at all.

Worse come worse case is that if Company A revokes 140 before 180 days, your 485 will be revoked too.

Just make sure that if you do apply for AP/EAD, you do not use it atleast untill 180 days are passed. Just to be on the safe side.
 
Thanks for your suggestions ..

Yes my old employer 'A' is no going to revoke my I-140 .

and They already sent me a original I-140 approval notice which they received from BCIS.
So AS per your suggestions I guess I should go ahead with I-485 from employer 'B' . and after 180 days I can change my job .


Thanks,
 
Employer B has nothing to do with filing I-485 that belongs to you and you have to file it. Employer B it not involved in I-485
Once I-485 filed wait for 180 days from receipt date to use AC21. Also file EAD, AP with the I-485.
 
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