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Company closes while waiting for I-140

Discussion in 'National Interest Waiver and EB1' started by omvpe, Jul 30, 2003.

  1. omvpe

    omvpe Registered Users (C)


    I filed I-140 and I-485 on Octobor 2 2002 in california for EB1-OR and submitted RFE on Feb 21st 2003.

    I haven't received any news from BCIS and no update through the web.

    Now the company I work for is closing and I am searching for a job, which hasn't been successful yet.

    My questions are
    1) As long as the company doesn't report my employment termination to BCIS, my green card processing is still OK?

    2) If I find a job, Do I need to file another H1B or H1B transfer?
    Which is availble to me or better?

    3) Is it true that I need a new employer only when my I-485 is about to be processed or at the moment of interview for finalizing?

    4) Is it better to wait for an EAD and find a job than apply for another new H1B?

    I appreciate your answer in advance.
  2. Bystander6

    Bystander6 Registered Users (C)

    The foundation of your EB1-OR I-140 will be gone after your company closed. Since EB1-OR is employer-specific, it will be hard to over come I-485 stage.

    After your company closed, your H-1B is out of status. You'd better leave this country to apply B-1/2 visa and reenter. Having out of status record might lead you to be inadmissible.

    Not sure if AC21 applys here. Check your company attorney for correct information.

    Good luck.
  3. skusa

    skusa Registered Users (C)

    is it true that AC21 doesnot apply for EB1-OR? if someone has 140 approved and wish to change job after 180days of pending 485 then is that possible or one has to give up on the green card?/
  4. omvpe

    omvpe Registered Users (C)


    My attorney told me that with I-140 approval and 180 days after I-485 filing, AC21 will make my filing alive. Is this right?

    I didn't write it correclty but division of the company is closing, not the whole company. In this case I still need to travel outside of US and get B-1/2 visa?
  5. ag28

    ag28 Registered Users (C)

    AC21 does work for all categories

    EB-1EA and NIW are not employer specific (self-petitioned), hence they have more flexibility but I guess after 180 days everyone gets into the same boat>- same/similar job work well for the application when one does a job change.
    I have seen many people in this forum change jobs at all days into their filing and havent encountered any problems.

    Note: I am not a lawyer. check the info for correctness.
  6. Bystander6

    Bystander6 Registered Users (C)

    "I didn't write it correclty but division of the company is closing, not the whole company. In this case I still need to travel outside of US and get B-1/2 visa?"

    Check the name of the petitioner in your H-1B application. If it is your company name, then it should be fine. However, if you have significant change to your job condition (for example, relocation...etc.), you might want to ask your company attorney for LCA change and possible filing H-1B amendment. I don't think you need to travel out of this country.
  7. lamonte

    lamonte Registered Users (C)

    Re: AC21

    Obviously, your attorney is correct, however losing the job can seriously harm the chances of EB1-OR being approved. Fortunately for you, you have already recieved RFE and responded, so unless your employer notifies BCIS they have no way of learning of this sad fact. So I think that your position is a bit shaky, but if you find another job and your present employer does not notify BCIS, or acts to revoke the petition you're gonna be alright.

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