I140 Approved in October but Company Says they wont file 485

T

tchangu

Registered Users (C)
Hi All;

I got my I140 Approved in October 2001 but then my Company Says they wont file for I485 because they are not in a position to promote me and also give me a salary raise because of the company\'s situation.

Given this facts what are the choices do I have? If someone could explain it would really be helpful (unicode@yahoo.com)

Thank You
Vish Krishnan
 
Talk to a good immigration lawyer. I-485 (application to adjust status) is filed by the employee - n

I am not a lawyer! - But I think the 485 petiotion is supposed to be filed by the employee - we just use the company\'s lawyer. So you might be able to file I-485 on your own with the help of your own attorney. You will need an employment letter from your company stating your employment details. Also, you might need the I-140 approval notice from your company\'s lawyer - talk to an attorney soon. Wish you good luck!
 
You can do it yourself

Its my employer\'s policy too - they won\'t file I485 for you. However, they give the original I-140 approval notice and an employement confirmation letter. With these you should able to do it yourself (I am gonna do it myself, am in the process of assemling the package for me and my family). A co-worker did it all by himself (both for himself and his wife) too without any problem (not thru a lawyer) - he\'s gotten his GC. He had two RFEs - one for a translation of his wife\'s birth certificate and another for his wife medical (the doctor forgot to check a box in I-693). But he handled it without any problem.

Just to be safe, you might want to get a copy of your LC approval. I\'ve seen some sites advocating that you add a copy of your LC to your 485 package.
 
No Title

What if the 6 yrs cap has reached for a candiate who got his I-140 approved? Due to lay-off (I-140 approved at the same time) he leaves the country, can this candidate still file for I-485 on his own (or with the help of his/her own lawyer) from outside the USA?
 
It is a Risk

to file on your own; even if you have the I140 Original Approval Notice, you employer has to provide a lot of data for 485.
Since they have show a reluctance to sponsor you, it is best you sort it out cordially with them.
In case you do file on your own and the Employer refuses to provide the required details or worse still they take a tougher stand on your actions, you will be in a frying pan...

my suggston is to talk to them and sort it out
 
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