I-485 Question

Wrangler

Registered Users (C)
Hi All,

This forum is very informative. I would like to have all of your advise on my case.

I was working for Company 'A' on H1B visa from July 1999 to May 2002. Then Company 'A' transferred (not merge) my H1 Visa to Company 'B' in June 2002.
I was working for Company 'B' until March 2003. From April 2003 to present I'm working for Company 'C' on a new H1 Visa (transfer).

My Green card was sponsored by company 'A' and got my I-140 approved in Jan 2003. Then I filed my I-485 in Mar 2003. At that time as I was not working for Company 'A' , for my I-485 application, company 'A' issued a letter saying "We will hire this candidate as permanent employee once his AOS has been approved." I also got my 2nd EAD and not using it as I'm stil on my H1 visa.

Now as company 'A' is not functional, what are my chances of approval? What kind of RFE might arise and how shoud I reply?

Please advise....Thanks!
 
Forget it and Don't worry about Comp 'A'.

Since 485 was already filed, and u passed 180 days, + 140 was never revoked from 'A' u all set if.

ur option

1. Using Ac-21 option with any company 'b' or 'c' with similar job title/responsibilites. who can provide simple EVL. u all set.be happy :D

2. If 'b' or 'c' don't support then find 'D' company, u all set. job field should be same it would also good if same title/job resp. thats it.
no need to worry.


don't inform job change unless RFE is issued asking EVL, it may trigger transfer to Local office. (not fact , just scenario),

Good Luck
 
Last edited by a moderator:
Thanks PrinceofJungle! That was quick. Normally what kind of RFE can arise. As I was not working with company 'A' (GC sponsorer) can I use Ac-21? Will they be asking proof for working with Compny 'A' during I-485 filing?

Thanks again......
 
No.

In case you are called for an interview or you are sent an RFE, you need to get an employment letter from 'C' saying that they will have a job for you after your case is approved. Probably you should be ready with AC-21 documentation in case there is an interview. I do not think, you have to file AC-21 unless there is an RFE or there is an interview. I think the 180 days is applicable only if you use the EAD which you have not.

Your case is quite similar to one I came across and the guy got approved.


disclaimer: I am not an attorney.
 
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