I-485 filing by previous employer

A

aurum_us

Registered Users (C)
I have a question regarding a I-485 filing.
I was working for a company A. I had my I-140 approved, however I joined company B right after that. My previous employer(A) agreed to continue my GC process (i-485) filing. Is this possible? Has anyone had any luck doing so? If so what are the precautions/procedure that need to be taken/followed?
I deeply appreciate your response in this regard.
 
485 by co. A

There is nothing wrong in filing 485 by co. A even if you are working for co. B, and/or never worked for co. A.

Thru' 485 you are granted permanent resident status which is based on the FUTURE employment. That means when your 485 isapporved, THEN only you NEED to start working for that co.

Of course, with the AC21 law there are other options.
 
thanks immi007
there is some complications in this case. Let me explain.
Company A accepted to continue processing.
I filed the I-485 stating that I am employed with Company B and that Company A (which I was working previously) will hire me should my GC be approved.

But now there is a RFE from INS,
1) Record show that your I-140 petition was filed by company A, but now you are employed with company B. Please explain
2) Service notes that you were employed with the new company at the time of filing. Because your application was not pending for more than 180 at the time you changed employers, it does not appear that you are eligible for adjust status under the provision of Act 21.

I think the INS assumed that the I-485 was filed by the new company B and not A. How do I reply/handle this RFE?
thanks
 
RFE

If you recd. this, first thing you need is a good lawyer.
---------------------------------------------------------
RFE from INS,

1) Record show that your I-140 petition was filed by company A, but now you are employed with company B. Please explain

- INS asked this? Wow, this is really strange!

Anyway, you can explain with the letter from co. A that they are willing to employ you once the 485 is approved. On your part, you can also submit such a letter showing your willingness to join co. A upon approval 485.

BTW, which co.'s employment letter you submitted with 485?

2) Service notes that you were employed with the new company at the time of filing. Because your application was not pending for more than 180 at the time you changed employers, it does not appear that you are eligible for adjust status under the provision of Act 21.

This is the first time heard from the INS how they are following AC21.

Has it been 180 days since 485?
As you said, this is the confusion by INS. They think that you want to join B.

Pl. keep posting your details. Thanks.
 
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thanks immi007
I submitted two letters with my 485
1) letter from co A stating that they will hire in the future
2) letter from co B stating that I am currently employed
180 days have not passed since the approval of I-140 applied thru co A.
I have typed letters as is from the RFE. Surprised at the RFE??? Well I am frustrated:-(
 
take it easy ...

Ok, let's clarify something here.

So, the first confusion to INS was the two letters. You shouldn't have the letter from B. Since it is too late to correct this, send a letter from co. A as stated in the previous post.

Can you give some dates like when did apply for 485?

Don't get frustrated. You need to clarify this to INS, and you will be fine.
 
Thanks again.
I-485 applied in august 2001.
Reason I sent to letters is INS in the I-485 forms requires you to produce a letter proving that you are currently employed. This I thought required me to provide the letter from co. B. The letter from co A was to tell the INS that I am applying thru co A and not B.
Your suggestion is what I was told to do. Thanks for your help I will give it a try
 
Hi aurum_us,

Let me ask you one basic question ?

Did you join company B using EAD or H1 transfer ?
If you use h1 you are more safe and need not to worry too much,
But if you used EAD to join the company B, then you need very good lawyer to convience INS that how you are elgiable for AC21 or any other rule.

I hope this will help.

JB
 
same situation

I filed 485 with my former employer in Sept 2001 as well. Want to use AC21 in case I get a RFE. But where did you hear this?

"Service notes that you were employed with the new company at the time of filing. Because your application was not pending for more than 180 at the time you changed employers, it does not appear that you are eligible for adjust status under the provision of Act 21."


Thanks for any replies.
 
INS

gpw,

It is in the RFE from INS! That is why I was surprised. Because now this makes some things cleared from INS (although different service center may follow different things).

According to this RFE, INS suggests that you should wait for 180 days before changing the job.

aurum_us, one more question is - do you want to join co. A or B? Depending on that you will have to reply to INS.

If you want to join A, the earlier approach of submitting letter from A would be fine.

However, if you want to join B, there is a twist. INS thinks that you can not join B, unless 180 days have passed. According to some lawyers, the interpretation should be 'change is allowed if INS took >180 days to adjudicate the case". That means INS has nothing to do with when you changed the job. That is what makes this thing interesting that INS considered your time of changing the job instead of looking at themselves how long they took!

Also, did you file 485 yourself or there was a lawyer who suggested to include stating your employment with B?

Since this is the first time anything from INS is heard in this way, we appreciate your sharing details.
 
Service Center: Vermont
Join co B: Using H1 transfer and NOT EAD
I will answer the other questions later
 
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