future employment

jack1968

New Member
i am processing my green card thru' another company other than my current employer thru' an approved labor. after 6~7 months of my I-140 approval and filing for my I-485, the company went out of business. subsequently, i received my EAD, advance parole and recently applied for my EAD renewal too. just wondering if anyone has some advice for me, should i do something right now or wait till i get any RFE. i get regular paystubs, proper h1 and strong employment credentials from my current employer
 
Is your current job description the same at the job description from the other company?

Is your current company is willing to continue your I-485?
Even thought AC21 is up in the air, you might give it a shot.

Since the company who filed your GC is out of business, if asked, you or the company, will not be able to provide with the company's tax returns or proof that the company can pay your salary.

So if your current company is willing and co-operative then you might ask them to continue your I-485 by using AC21. Then again AC21 has no strong grounds either.

You should talk to your lawyer, he can guide you the best.
 
thank you for the prompt reply. i checked with couple of attorneys including Mr. Cyrus Mehta and they suggested that I should wait until there's an RFE, if there's one. Please let me know what's the best course for me and what're the pitfalls of AC-21
 
“Is your current company is willing to continue your I-485?”

----Company has nothing to do with I-485 it is application from employee
OnlyI-140 belongs to employer
Cyrus Mehta is V.good lawyer and follow his advice.
 
What I meant was when RFE'd for a future job, is your current employer willing to provide the sufficient document.
 
Jack1968,

Going by the recent INS memo, you can use AC21 (http://murthy.com/UDportme.html). Consult your company's attorney and send a letter to BCIS about having switched your employers provided you are in a similar job. You should not have any problem. Also if you fear problems to open up the topic with your company you can frist try to fix appointemnts with the likes of Rajiv and Sheila Murthy and get their consultation. I personally think sending a letter to BCIS will be better than not sending a letter.
 
Thank you so much for your reply. appreciate it. i'll check with couple of attorneys and will do accordingly (AC-21). My present company will completely support me in this aspect.
 
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