My employer filed I140 and I485 last year, so both applications are pending. The employer is about to file bankruptcy. What are the chances of my I140 be approved when it's processed (around November 2004)?
----- Nobody can predict, IF any RFE for I-140 and employer does not reply or withdraw the I-140 then I-140 will be automatically denied. If no RFE for I-140 it may be approved. Request the employer not to send any letter to USCIS withdrawing I-140 as by law employer does not need to inform.
Do I need to withdraw the current application?
----- No need let them be pending, if you are lucky and I-140 gets approved you may be eligible for AC21 through new employer
Can I start a new GC application with a new employer and still keep the current one?
----- YES, you must do that as back up. I don’t know if you used EAD if EAD not used then join new employer by H1 transfer and file H1 transfer immediately before the past company closes the operations as you need recent pay stubs for H1 to H1 transfer
Can I still use the I485 in case the I140 is approved?
------ YES, you may use AC21 if I-140 gets approved and I-485 pending more than 180 days
I've received an offer with a new employer, which has branches all over the US. Which service center is the fastest nowadays?
------ I think you are asking about LC processing, your new employer lawyer knows it or check DOL site or read other LC threads
I'm afraid I'll lose all the time I've spent on the GC application - About 3 years!!!
------ You may or you may not, it all depends on your I-140 approval from past employer.
**** Before the past company close down collect I-140 filing receipt, I-485 filing receipt AND copy of approved LC (approved LC has top page from federal DOL approval and Form ETA750A that has your skills and job title) documents may be with company H.R or with lawyer. Collect all the documents.
*** If you have not applied EAD AP then apply EAD, AP, no need of lawyer you can directly file them and we all are here to help you. Having EAD is better for any emergency and one can have EAD and H1 at the same time it is not MUST that if you are on H1 then if you have EAD you HAVE to use it. Having valid EAD, AP are back up if something goes wrong with H1 extension/transfer
