I-485

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sunnyday20us

Registered Users (C)
Hi,
Can the employer "cancel" the I-485 application through his company laywer, the lawyer represents my I-485 application?
Inputs appreciated.
He has threatened to do that.
Thanks.
 
Don't worry

As long as your I-140 was approved and you passed the 180 days since the receipt date if I485, you are in the safe side...

:D
 
Originally posted by sunnyday20us
Can the employer "cancel" the I-485 application through his company laywer, the lawyer represents my I-485 application? He has threatened to do that.
Click to expand...

If its his lawyer representing you on the I-485 application, he can certainly try. It's a breach of ethics, but it's a giant pain for you to resolve. I'd file a G-28 with USCIS right away, and switch lawyers pronto. Be proactive.
 
Employer can't cancel I-485 they can cancel I-140 if case if not approved/I-1485 is pending <180 days and you are no longer working with employer

taipai
 
Fire your attoney and hire someone else or represent your case yourself, before you company's attorney tries to do something.
 
Hope this will help you

Check the below link on the new rules.

Based on this one can change employer before 180 days of I485 but should pray that your I485 will not be approved before 180 days. With the present processing timings people should be happy if their case is approved in 2 years so getting approved before 180 days is a remote possibility.

Also the 180 days always starts since when the I-485 is received by the BCIS irrespective of whether it is filed concurrently with I140 or after I140 is approved.

The key point to be noted is that the one should change employer only after I140 is approved.They can change employer before 180 days of I485 hoping that I1485 will not be approved before 180 days or change employer after 180 days on I485 if they want to be safe.

Also if the I-140 is withdrawn by the old employer on or after the 180 days on I1485 and the employee has not submitted evidence of a new employment to the USCIS, then USCIS will issue a Notice of Intent to Deny (NOID). If the applicant answers the NOID by submitting evidence of a new offer of employment which is similar to the old Employment then the I-140 will remain valid and the I-485 will be processed normally.

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

http://boards.immigration.com/showthread.php?s=&threadid=103003

http://boards.immigration.com/showthread.php?s=&threadid=105828

http://immigration.about.com/library/weekly/aa090903b.htm

http://boards.immigration.com/showthread.php?s=&threadid=105353

Now how do you get the LC and I140 details for using AC21

Option 1) Request your Employer to give your LC and I140 paperwork.

If this does not work then

Option 2) Hire a new lawyer. Fillup new G28 and request the new lawyer to request your paperwork from your old lawyer. Generally lawyer to lawyer communication should work and you should receive all your info.

If this does not work then


Option 3) Check the below links

http://www.flcdatacenter.com/casesearchperm.asp

http://boards.immigration.com/showthread.php?s=&threadid=92139

http://uscis.gov/graphics/formsfee/forms/g-639.htm

http://www.immigrationportal.com/showthread.php?threadid=83078

Wish you all the best.
 
Thanks for all the information given.
Just not able to understand why this tough situation now after filing I-485 20 months ago.
 
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