Can employer FORCE me to postpone filing I-485?

[dc4opera]

I need some advice from the people on this board.

My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.

Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?

I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?

I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?

Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!

 

[jazzyb]

I think you can file I-485 through a different lawyer as long as you have the I-140 receipt and PD is currrent. But I think you need employer verification letter along with I-485 which you have to get from your employer.
I am not attorney so it is advisable to contact attorney and make things clear.
But Why did you tell your employer that you are not interested in continuing beyond Feb 2007 ?

I need some advice from the people on this board.

My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.

Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?

I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?

I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?

Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!

 

[Indianavictim]

PERM and 140 belongs to him and he is not obliged to file them for you other then supporting your non immigrant working status. Remember you cannot file 485 with out them.
So negotiate what ever you have to do for your papers to file now.
Donot mention any thing about AC21. File your papers ASAP even you have to work till june for 6 more months. Its imp to get in queue then you can wory about AC21 portaility and beter oppurtunities later.

 

[asnssf]

485 Processing Date is May 2001

If you have PERM labour, your PD should be in 2005. And you have to wait till then to file your 485.

You might not be able to file for 485 even on Jan 2007, if dates are not moved to your PD..

These are GC 101...

 

[dc4opera]

If you have PERM labour, your PD should be in 2005. And you have to wait till then to file your 485.

You might not be able to file for 485 even on Jan 2007, if dates are not moved to your PD..

These are GC 101...

My PERM PD is April 26, 2006, but this should not be an issue since visa numbers are current (EB2 Philippines).

 

[radd]

My PERM PD is April 26, 2006, but this should not be an issue since visa numbers are current (EB2 Philippines).

Try to file immediately.. You can file I485 with another lawyer or by yourself too.. Nowadays I485 is being processed very fast.. It takes on the avg about 6 mths to get approved... I have sent you aprivate message... please read it.

radd