I-485 Dilema. Please help.

L

LaborSeekar

Registered Users (C)
Hi,

Please help me to decide what to do next.
I'm currently working for company A. This company did my Labor, I-140 in EB3 category with priority date Mar 2003. Which will be current on June 1st.
I have another Labor, I140 going with company B in EB2 category with Priority date in Jan 2002. EB2 I140 is approved with company B and I want to proceed filing I-485 with company B, because my current company didn't give any approval copies to me (labor, EB3 I-140) and also saying they will cancel H1B, I-140 if anybody leaves their firm before they get GC. They did cancel I-140 of another employee, who changed his job using AC-21 after filing his I-485. Eventually he got his GC, but he has to go thru rough I-485 process because of that. I been with this company for 6 yrs and they want me to stay with them till I get my plastic card. It may be 1,2 or 3 yrs, who knows). Now atleast u understand why I'm trying to proceed with company B instead of H1B company A.
Company B will file my I-485 in the next week (If I request them to do so).

My questions are
1. I don't have my H1B currently with company B. What will happen if my employer(Company A) cancels my H1B before my I-485 is approved with company B? Will I be out of status?
2. What are the best options to stay on status if my employer(Company A) decides to cancel my H1B, I-140?
3. OR is it totally not a good idea to pursue I-485 from company B since my PD with my employer also eligible to file I-485. But my only problem is this may go for years and I will be stick with this company and I'm desperate to join my client, who is ready with offer.

Thakns in advance for your help.
 
If it is me, I would file 485 with Comp B ASAP and keep it discreet. I don't think you have to join Comp B upon 485 filing.
The options are:
a. Wait till it is approved, and then join Comp B.
b. Wait 6 months from the date of 485 filing through Comp B and then you can even invoke AC21 and join the Client.

Even if comp A cancels 140 or H1, with the 485 filed through Comp B, there is nothing much you are going to lose. You have the option to join Comp B, or the client by AC21 or H1 transfer.

The way I see it, plenty of options to choose from.



LaborSeekar said:
Hi,

Please help me to decide what to do next.
I'm currently working for company A. This company did my Labor, I-140 in EB3 category with priority date Mar 2003. Which will be current on June 1st.
I have another Labor, I140 going with company B in EB2 category with Priority date in Jan 2002. EB2 I140 is approved with company B and I want to proceed filing I-485 with company B, because my current company didn't give any approval copies to me (labor, EB3 I-140) and also saying they will cancel H1B, I-140 if anybody leaves their firm before they get GC. They did cancel I-140 of another employee, who changed his job using AC-21 after filing his I-485. Eventually he got his GC, but he has to go thru rough I-485 process because of that. I been with this company for 6 yrs and they want me to stay with them till I get my plastic card. It may be 1,2 or 3 yrs, who knows). Now atleast u understand why I'm trying to proceed with company B instead of H1B company A.
Company B will file my I-485 in the next week (If I request them to do so).

My questions are
1. I don't have my H1B currently with company B. What will happen if my employer(Company A) cancels my H1B before my I-485 is approved with company B? Will I be out of status?
2. What are the best options to stay on status if my employer(Company A) decides to cancel my H1B, I-140?
3. OR is it totally not a good idea to pursue I-485 from company B since my PD with my employer also eligible to file I-485. But my only problem is this may go for years and I will be stick with this company and I'm desperate to join my client, who is ready with offer.

Thakns in advance for your help.
Click to expand...
 
You must log in or register to reply here.
Top