Help!...Company bankrupt, 140/485 not approved yet

[sriramc]

These are my receipt dates from Texas Service center EB3

LC approved from Pittsburg - 4/29/2004
I-140 receipt July 9 2004
I-485 receipt July 9 2004
EAD approved Aug 9 2004

My company is bankrupt, and might be closing shop soon.
I'm not sure if they'll last until the I140 is approved &
6 months hv passed.

What are my options? Am I dead?

--Sri

 

[tekworker]

It's been 2 months since you applied for 140/485, so you need 4 more months to cross the 180 day threshold. You could switch to a new employer and work on H1 for the next 4 months and then your EAD after 4 months. It is unlikely that your case will come up for adjudication within the next 4 months. If your current employer does not revoke your 140 then you could be okay.

 

[GC Leke Jao]

Hi tekworker,
Can one transfer on H1 to a new job and still not jeopardize the ongoing GC processing ??
I filed 140/485 concurrently. 6 months passed both of them still pending. Have EAD in hand but don't want to use it.
Would like to transfer H1 to join a new employer and use AC21 in case of RFE or NOID.

Please reply.
Thank You.

 

[ginnu]

It's been 2 months since you applied for 140/485, so you need 4 more months to cross the 180 day threshold. You could switch to a new employer and work on H1 for the next 4 months and then your EAD after 4 months Try to join new employer with H1 transfer dont use your EAD till your I-140 gets approved AND I-485 is pending more than 180 days try to maintain H1 status. It is unlikely that your case will come up for adjudication within the next 4 months. If your current employer does not revoke your 140 then you could be okay.
AND if any RFE for I-140 is genrated and your employer does not reply the RFE and is closed before RFE then they will NOT be able to reply RFE and will be bad for you. if I-140 gets denied then no base for I-485 , EAD AP, I-485 all will get denied. better join new employer on H1 and as back up file new LC

 

[ginnu]

Hi tekworker,
Can one transfer on H1 to a new job and still not jeopardize the ongoing GC processing ??
I filed 140/485 concurrently. 6 months passed both of them still pending.
----- to use AC21 you need I-140 APPROVED and I-485 pending more than 180 days and same/similar future permanent job offer from new employer, if you change now then past employer CAN revoke your pending I-140. dont take the RISK wait for I-140 approval then change the employer on H1B transfer
Have EAD in hand but don't want to use it.
---- dont use EAD till the time I-140 is not approved many try to maintain H1 status till I-485 approval, H1 status has advantages if anything wrong goes with I-140 or I-485
Would like to transfer H1 to join a new employer and use AC21 in case of RFE or NOID.
------ if your past employer is helping you or promise to send reply to any RFE for I-140 then only think of changing employer at this time.
If you dont care about GC process then you can change any time, no AC21 applicable in your present situation
Please reply.
Thank You.