Desperate Help Needed

S

sniyer

Registered Users (C)
To go with 485 or not:

Here goes the details:

1. Working with company X
2. Labor approved job title A with company X
3. Company X goes bankrupt when I 140 is pending but ready to support future employment. Laid off employees. but ready to hire in future if funding comes through. not cancelling h1, continuing 140,
5. I join company Z through H1 transfer.
4. I140 approved company X

5. Can i go ahead with 485 with a future employment letter from company x while working with company z

Using AC21, can i show employment with Z (similar job title and description) when i go for the interview. can i use the 180 day rule if the application was pending for more than 180 days.

What do u see are the chances for approval for this kind of a case?

Thanx
 
Several possible problems

First.
When applying for I485 you supposed to submit letter from employer, I believe rehire intention letter is OK. Obtain it now

Second.
If you apply I485 then you will have fingerprint letter in a month or so, which usualy accompanied with yellow form, which suggest you submit the letter from your employer, so look this site for fingerprint issues. I believe you are OK submitting rehire intention letter from X. Now be sure that the date on this letter is current. In worse case scenario, your X company may be liquidated and you can not find people to print good rehire intention letter on their letterhead.

Considering 1 and 2 you more likely will get RFE at the end of the way of I485, when again you will need rehire intention letter with current date. However if you cross 180 days then you can use letter from Z.

Chanses are high, what I would do - I would have a very good personal ties with your bankrupt X manager and have blank letter heads from them in case they will be lost, in this case you can ask your friend from X to help you. The only problem if company is completely liquidated and INS can track this, in this case rehire intention is a fake one.

Good luck
 
Thanks a lot Andrew..

I really appreciate your help and ur view of the situation.

Do you know of any one who has gone thru similar situation? IF yes kindly pass on info so that i can discuss with them.

Also if ur attorney has handled similar cases in the past, pl do let me know... i want to go thru someone who knows what he is doing. My attorney seems to handle only straight forward cases.. and i asked him then what is the need to have an attorney..!!

Any way thanks a lot
 
I can not give you the name

I use Sheela Murthy. www.murthy.com. What I found in the relationship with lawyer - it is safe to pick up very good lawyer on the first steps when you have no idea.
I appreciated how we applied for labor RIR. Then when you apply for I140 it is probably some need for the lawyer.
When you apply for I485 (and this is my opinion based on the relationship with excellent lawyer, where actual bureacratic work is done by paralegals) the lawyer is not a big help to apply.
You may need lawyer when you got issues - in this case you pay him/her hourly rate (say when you go to the interview).
So, if I would be in your situation - I am comfortable to apply I485 without lawyer and have lawyer in your area to be available on call if you got problems. But that\'s me. Other people like to pay lawyers for additional safety. In your case in my opinion - you are trying to excersize new legislation, where lawyers are not yet comfortable to help you. But the new legislation seems to be working and you are eligible to deploy it.
I\'ve seen several cases on this site where people were laid off before 180 days and were approved, INS tends to honor layoff letter, so have it just in case.
 
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