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

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

If you read the chat sessions in murthy.com, she says that since GC is for a future job, you can still work for another company with your EAD (Acc to AC21 law). But until now INS doesn\'t have any written regulations reg the processing of such cases, which they are predicting, will come out soon.
Even if your 485 continues, when you get the Yellow form etc, your previous company may need to send those completed, which will be difficult since the employer is no more. I think you must file again, but can use your old Priority date.
This is just my opinion. Read the murthy.com chat. It is very informative in these cases.
 
No Title

You have 2 choices -
1. Talk to you former bankrupted employer(incase he is alive) to continue with GC with condition that when GC is approved, you would work for him. GC can be continued for future employement.
2. Simultaneously start your GC with another employer in NSC who can use your old priority date (as labor and 140 gets cleared in 6 mnths in NSC). This way you can convince the IIO officer your case b\'cos he has all preapproved notices.

My suggestion would be not to get your file transfered to VSC from NSC b\'cos in that process you may lose your case file (happened to my friend) and get struck up forever.

THIS IS A SUGGESTION AND I AM NOT A PROFESSIONAL ATTORNEY. TAKE CONSULTATION FROM GOOD REPUTED ATTORNEY, FINALLY ATTORNEYS REPUTATION MAKES LOT OF DIFFERENCE IN INS.
 
No Title

Let me share my case with you.
I started GC process in April 97 in Chicago area. Regular LC took 2 1/2 years. Filed
I485 in May 00. Changed job in June 00 (right after filing I485). Redid the RIR LC and
new I140 with new company. Timing played in favor to me. My new I140 got approved
right after my FP notice from the May 00 I485. My lawyer submitted the Yellow Form along with my new LC/I140. Did not applied new I485. Last week, my I485 was approved!
 
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