Critical Situation : PLEASE RESPOND

K

kitturaja

New Member
Dear Folks,

I am in a very critical situation and need any insight you all could give me with my current situation.

I was working for a company in Chicago since 1997 and filed my Labor and I-140 through them and I-140 was approved in June\'00 but I waited till I got married to file my I-485 (big mistake!!!!) but anyway, finally filed my I-485 as well as my spouse\'s in April\'01 and my company closed down after a week from that and has filed for bankruptcy. I have follwing questions:

1. What will happen to my GC process as I have no other option but to change employer at this stage.
NOTE: My lawyer is telling me that my I-485 will continue as it is and the new company will have to file for Labor and I-140 again.

2. My I-485 application is in Nebraska Service Center and my new Job locatoin will be under Vermont Service Center. Even if we assume the NOTE in 1 to be true, what will happen as two different service centers are involved.

3. I have also applied for an EAD alongwith my I-485 which might get approved in next few weeks. Would I be able to use that EAD? Would that be legal? I have one more year left on my H1B, would I have to leave US after that?

4. In my situation would I get any benefit in terms of processing time when I file for new Labor and I-140 as the priority dates of my previous Labor and I-140 still would be affective. Does anybody know how long it might take to get through Labor and I-140 in Vermont Service Center in EB2 category and RIR vs non-RIR.

5. Is there some new law to save the GC if the company goes bankrupt. (Some chinese guy at my work mentioned about something like this has happened recently)

Please help me with any input you folks might have. I\'ve been really tensed last few weeks trying to figure out all the options other than trying to find a stable enough job for myself to get me through this excruciating process once more. Any help is greatly appriciated.

Thanks and Regards,
Kittu
 
No Title

Sorry to hear that you are in this situation.

I think the LC approval is portable if you can find a job in an other company and the new company sponsors you. There was a lot of discussion regarding this issue some time ago. Unfortunately, I do not know the exact details.

If the LC approval is infact portable, you could retain your PD. You definetly need a good attorney at this stage. Take some time and sit down with the attorney and sort out all the issues.

GOOD LUCK. Other guys/gals on the board may have any suggestions for you

Please keep the board posted.
 
No Title

Hi Kittu,
I am no expert, but I shall offer some words.

1. You never worry about anything in anticipation, wait for the event to happen, and act accordingly.

2. Your process will continue, till it comes for adjudiction, can either get approved w/o a hitch or you will be asked provide an employment letter, w2, pay stubs etc. If you are with a new employer by that time, you can provide them and see what happens.

3. You can retain your PD as long as you have an approved I 140 (not retracted by ur employer, in the present situation, that\'s not a worry as he/she has filed bankruptcy).

4. You will have EAD, and I strongly suggest you to re-start your Labor and I140 process with your new employer (maybe if the fast track 15day I140 process is installed in INS), you can be ready to file a new I-485 in 6 -8 months.

5. Get on your employer, lawyer and make sure they don\'t lose a single day, as every day is important for you.

6. Be strong and keep your faith, and pray to God (if you beleive) and everything will be fine.

Always take the bull by its horns.

Reed_Peters aka Cool_Dude
 
No Title

I am sure you can use EAD card to work for another company.
EAD card is for open employment. wish you all the best.
 
No Title

I suggest you use EAD to find a new job, remain on EAD until INS make a decision on your 485. If, just if, they deny your 485, immediatly file H-1. In this way you can buy yourself more than a year. According to new law, you will be able to extend H1 beyond 6 year limit if you have been on GC more than a year.
 
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