Can i file 485 when my h1 transfer is pending?

S

sniyer

Registered Users (C)
Here is my situation:

Employer A files for GC based on future employment. I am not working for A now.

Worked with Company B when i filed 140 ( based o n Employer A) and my 140 is approved. In the meanwhile i have changed to Employer C based on H1 portability. I have joined Employer C based on the receipt notice.

When i file for 485, i am supposd to submit all the prior h1 approvals. i just have the receipt notice of the latest employer. is it okay that i file for 485 or i wait till i get the approval?

any help would be appreciated.

thanx
 
I am in the same boat as you are!!!

I have a similar situation as yours. I filed my 485 in July last year while my H1 transfer was in progress and I only had a Fedex receipt (not even a proper return receipt from INS) as a proof.
I am still awaiting for the approval though.
 
Yes you can file with receipt notice

Though i am sill waiting for approval, at the time when my 485 was filed, my h1 was expired and the extension was pending. Lawyer fled with the receipt notice.
 
is urs also based on future employment?

is ur green card based on future employement ?

if so when are u planning to join them? before the interview or after the gc?

can the 180 day rule - to work with a similar job with any employer - be applied to our case too ( meaning - i dont join the sponsoring company but join a similar job within the labor definition)

any inputs would be helpful.

thanks
 
yes, my green card is based on future employment!!!

As per my attorney and as per murthy.com, the 180 days rule should apply in our case too. As per my attorney\'s instructions I have already sent a letter from my current employer to INS.
I am not sure if I did the right thing, but I am blindly following my attorney\'s advise. Rest all is in GOD\'s hands.
 
hi akki99, i wanted more details. if u dont mind...

i am also in a similar situation..

i wanted to know if u have sent information to INS ( without their asking through an RFE)... updated information about the employer ( different from the sponsoring employer), the details of the job, salary etc etc..

if so can u pls give an indication of what contents u had sent in the letter.

shd the letter go out from ur new employer?

have u used EAD to start work with the new employer?

is there an email i can write to.. u may write to me at isngc@hotmail.com

thanx
 
here are my case details

I sent the letter from my new employer on my attorney\'s advise. According to her it is better to be pro-active and hence I sent the letter without INS issuing any RFE. My job title with the new employer is different although my job responsiblities are the same. Also my salary is much higher than what my GC sponsoring(original) employer had stated during LC filing.
No, I did not join my new employer on EAD, but on H1 as I had mentioned in my earlier post. Infact I had joined him even before I filed my 485 application.
Hope this helps.
 
akki99 : have u got ur approval ?

I am curious as i have also filed my GC based on future employment.

you may write to me at isngc@hotmail.com

I am desperately trying to find more info and my attorney is not very co operative to discuss things and understand.

thanks,

mitwaa
 
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