Can company A still file I140/485 for me?

L

liwong628

Registered Users (C)
I have an approved LC from company A. Unfortunately,
before I140/485 is filed, I got laid off.

Since this is for future job, can company A still be able to file
I140/485 based on this LC (Suppose they are willing to do so)?

If yes, must I have a job in USA (I am in USA) from another company (you know, currently I could not work in company A),
or just need to maintain legal status (say, H4)?
 
Yes, the company still can file GC for you, GC is for a future job. At the time of filing the company should have the intention to hire you when you get your GC. You don't have to work for them during the process, but you have to work for them right after you get your GC.
 
Thanks to LCSilence!

Also more questions: for my case if company A file
I-140/I-485 concurrently (remember now I am not working in this company),

A) can I also apply for the working permit?
(I know it might be better to consult with a lawyer,
but company A hires its own lawyer and seldom response to
individual beneficiary's queries)

B) If the GC is approved and at that time I am working in Company B. Must I work in company A at that time if company A
does not require me to do so?
(I understand if company A requires me to work there upon GC approval, I must be in company A)
 
A) can I also apply for the working permit?
(I know it might be better to consult with a lawyer,
but company A hires its own lawyer and seldom response to
individual beneficiary's queries)

Yes, actually you can file EAD by yourself if you have the copies of I140 and I485 receipts.

B) If the GC is approved and at that time I am working in Company B. Must I work in company A at that time if company A
does not require me to do so?
(I understand if company A requires me to work there upon GC approval, I must be in company A)

My understanding is: if the job at company B is similar to the one described in LC, it is OK -- you are still qualified for AC21. But you need to show INS that at the time of I140/485 filing you have the intention to work for company A. Please consult an immigration lawyer.
 
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