HELP:New company being formed. Should I join? (I-485,180+ days, + EAD )

T

to_close_to_GC

Registered Users (C)
1-485 pending for more than 180 days.
I have EAD.
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I might be working for a new company soon, since my old company (my sponsor)
will probably not exist soon. The new company is in the process of being formed now.

What are the legal requirements for this company to officially be allowed to be
considered an employer for somebody like me (1-485 pending for more than 180 days).

Bank account balance? I can't think of anything else.

Please reply if you have any experience with this, otherwise I may be wasting my time
"barking at the wrong tree"

Thank you.
 
Jaxen and Jim Mills please comment

to_close_to_GC,

I am in the same situation you are in, except for my 180 days are not over yet. What I have heard from the INS and the the law firm handling my employment based petition is that if the company you are working for now gets purchased by another company, and your I-485 is pending for more than 180 days, you should be ok. You shouldn't face any problems.

If the I-485's been pending for less than 180 days, and the new company takes over then one has to file an ammended I-140. I am not sure if one has to wait for the approval of I-140 before the I-485 gets approved.

Good Luck!!
 
The company is NOT being bought out. It is going out of business.

I am sorry but I didn't state the not so obvious.
The company that sponsored me is not being
bought out. It is just going out of business.
The company that I want to work with is a brand
new company that is getting formed as we speak.

So it is for this new company that I am asking what the requirements are. I don't want to join
them if the do not satisfy the requirements
(for my I-485 case 180+ days, EAD).

What are the requirements for this brand new company ?

Thank you.
 
If you have passed the 180days, then you should be fine. Just make sure that the job title and the job description stated on your LC matches with the new company you are planning on joining.

Also make sure that the company you are planning on joining has the financial capability to pay you!!

Lets see what Jaxen and Jim Mills have to say about this!!
 
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