Green Card Processing - Conversion Offer

S

sprintsanyo

New Member
Friends, I have done a concurrent filing for 140 and 485 in April. Travel Document and EAD got approved and went through the first finger printing. At this time, i am being offered to get converted to a full time employee at the current place where i am working as a contractor.
I am waiting for this to happen for a long time and now that I have it on my place do not know how to handle the green card. My employer obviously is not willing me to "let go". I do not know what to do at this situation. I probably will be out if I do not accept this conversion offer and being job less is also not a good option.
Please comment your opinions on my situation and feel free to throw in some advise...
Thank you in advance.
 
Thank you for your reply. I can definately request the current employer to wait for the 180 days. But now that you mention 180 days (some 2 months more) from the filing of 485, don't i have to worry about the 140? I mean am I ok to take this chance as long as the 180 days since filing of 485 criteria is met?
Like in the future if i have a query of the 140, i am not sure if my company is willing to support me? What options do I have?
Cant thank you enough....
 
JoeF said:
There certainly is a risk that the I-140 could be denied or that the company gets an RFE. The main thing of AC-21 is that when it became law, there was no concurrent filing, so it was implicit that the I-140 was approved already. Unfortunately, CIS has not yet released the rules about what to do in cases when both I-140 and I-485 are applied for concurrently, and the I-140 is not yet approved after 180 days of a pending I-485.
It is pretty much up to you if you want to take the risk.
Click to expand...

There is no clear answer. I would advise you not to leave the GC sponsor until the I-140 is approved. The risk is too high in my opinion.
 
Thank you folks! Well, I got a tough task ahead. First to convince the potential employer to hold the conversion for probably another 6 months. But the latest thing being "I-140 is to be processed only after 485 has come to the same date frame" is kind of ticking me OFF. That being the case, I filed the 140 & 485 in April'04.
Then currently we have the NSC working on I-140's through Sep-03 and I-485 I believe through Feb'02. That being the case, I believe, they would not process any more I-140's until the I-485's cases are all cleared through Sep'03. I hope I am making some sense here....
 
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