I140 approved, 485 < 180 days, company closed

[calabor]

Experts please advise..
My I140 was approved for company A.
Then I filed I485.
Company A closed down for good before the I485+180 days.
With company B now.
Company A did not withdraw or stop GC processing.
Now I485 pending > 180 days.
Can I still use the GC on A if it gets approved?
Can I claim AC21 now?

 

[ginnu]

Experts please advise..
My I140 was approved for company A.
Then I filed I485.
Company A closed down for good before the I485+180 days.
With company B now.
Company A did not withdraw or stop GC processing.
Now I485 pending > 180 days.

Can I still use the GC on A if it gets approved?

Can I claim AC21 now?
-------------------------YES and GC will be approved based on job offer letter of B

-------------------------

 

[calabor]

Thanks ginnu

But isn't company closure same as I140 revocation?
Since company closed before 180 days were up, will it not make me ineligible for AC21?

 

[ginnu]

Thanks ginnu

But isn't company closure same as I140 revocation?
--NO
Since company closed before 180 days were up, will it not make me ineligible for AC21?
--------------not a problem, many got GC is your situation

------------------

 

[calabor]

Hello Ginnu

>But isn't company closure same as I140 revocation?
>>--NO

thanks for the answer ...
I was going thru USCIS website, and I found this piece

Sec. 205.1 Automatic revocation. (Section revised 3/26/96; 61 FR 13061 )
(a) Reasons for automatic revocation. The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
....
....
(3) If any of the following circumstances occur before the beneficiary's or self-petitioner's journey to the United States commences or, if the beneficiary or self-petitioner is an applicant for adjustment of status to that of a permanent resident, before the decision on his or her adjustment application becomes final:
...
...
(iii) Petitions under section 203(b), other than special immigrant juvenile petitions .
...
...
(D) Upon termination of the employer's business in an employment-based preference case under section 203(b)(1)(B) , 203(b)(1)(C) , 203(b)(2) , or 203(b)(3) of the Act.

Not only the revocation automatic, but it is revoked as of "date of approval".
Please share what rule/previous decision might contradict this.

thanks