Can I file I-485 through some other company

robin_hood

New Member
Can I file I-485 through some other company ? My I-140 is approved but company laid me off. Is anyone had this situation guys/gurus please advise on this situation. Do I need to start the whole GC process again with other company or I can file my I-485 with other company.

Thanks
 
No

Either the old employer must agree to rehire you when the GC is approved or you will need to start all over from the beginning.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
I485

Hi Jim,
If the company A files the I485 which has also done LC/I140 & lays off within 180 days what are the chances that GC aplication is approved.
Can you please list any options or info for this situation.
 
No Title

Different attorneys have different opinions on this. Without definite rules ANY usage of the I-485 portability provisions presents at least some risk. Some of the risk is so small it is worth it and some situations (such as a layoff before 180 days have passed) leave no other options. CSC for example seems to think that the person must work for the sponsoring employer for 6 months to be eligible to use AC21 I-485 portability.
 
If you want opinions that say you have nothing to worry about see http://www.murthy.com/ but if you want opinions that say you may have to worry see http://www.usvisanews.com/. Both Sheela Murthy and Jose Latour are competent, experienced, immigration attorneys but one is going to be wrong here.

Jim

James D. Mills
Attorney at Law
(formerly Jim M)
jdmills@justice.com
732-644-5702
 
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