Future Employee GC, Sponsoring Employer closed business

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paul4gc

Registered Users (C)
My friend is working for company A on H1b.

Meanwhile Company B did a labor substitution for him and got the i140 approved as a future employee, then filed 485 as a future employee.

Due to recession the company B is out of business now, may we know what
should he do now to keep up his 485 process.
 
paul4gc said:
My friend is working for company A on H1b.

Meanwhile Company B did a labor substitution for him and got the i140 approved as a future employee, then filed 485 as a future employee.

Due to recession the company B is out of business now, may we know what
should he do now to keep up his 485 process.
Click to expand...

He can't do much if sponsering company goes out of bussiness except keep working in same or similar position and if he is luck to get greencard approved without RFE then he will be fine. If they ask still offer exist then it is little tricky. Check with lawyer, and you may use ACT21 after 180 days of filing. I think situation is tricky for him, he has to keep finger crossed... until approved.
 
He needs to find another "same or similar" job to keep his I-485 alive. However, if there was a short time between I-140 approval and going out of business, USCIS could revoke the I-140 for misrepresentation of ability to pay. AC21 does not provide protection from such a revocation.
 
There is a 1.5 year gap between i140 approval and closing the business. Is this gap good enough to keep up AC21?
 
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