bankruptcy

[g_sk_99]

Hi,
140 approved in jan 2004, I 485 pending since 2 yrs. Continued working for the same company. Recently 3 weeks back my company filed bankruptcy(Chapter 11), they didn’t informed us. Today only I came to know about it. Very soon I am planning to invoke AC21. 1) Since I am invoking AC21 after bankrupty, will it effect my GC process.
2) To invoke AC21 do I have look for job with in the same state? Or any state is fine?



Thanks in advance

 

[pralay]

Hi,
140 approved in jan 2004, I 485 pending since 2 yrs. Continued working for the same company. Recently 3 weeks back my company filed bankruptcy(Chapter 11), they didn’t informed us. Today only I came to know about it. Very soon I am planning to invoke AC21. 1) Since I am invoking AC21 after bankrupty, will it effect my GC process.
2) To invoke AC21 do I have look for job with in the same state? Or any state is fine?

You can look for job anywhere in USA. Recent backruptcy won't affect your GC provided your application satisfy following conditions:
1. You invoke AC21 with same and similar job.
2. You bankrupt company was in financially good shape when your I-140 was filed. Basically, when your I-140 was filed your company must meet the criteria of "ability to pay" issue. It should matter if later your company started doing bad financially and eventually became bankrupt.