I485 Issue - Please help!

S

sks_444

New Member
Hi,

The following is my I485 pending adjustment application problem.

I got I140 approval from company A and company was not doing well and I got laid off.

Joined in company B in sep 2001, company A promised to file for I485 but cannot provide
any supporting documents if asked by INS. Attorney of company A encouraged me to file for
I485 and told that I may not get query and get approval if Iam lucky enough and suggested
to take advantage. So, I filed 485 in feb 2002 with company A

Meanwhile I applied for labor with company B and got approved recently.
Now I want to file I140 with Company B and use the existing Company A I485 pending
adjustment. So when I told company B attorney, he told that INS may deport me for
misrepresentation of data and asked me to withdraw my old I485 and reapply I140
and I485 with company B.

When we checked, INS is processing I485 applications of dec 2001, and ours is feb 2002,
so our company A attorney advices to wait until INS opens our case and in case we get
any query etc, then withdraw at that time.

We don't understand what to do, so far we lost lot of money and time. So kindly suggest me.

My questions:

1. Can I file new I140 with Company B and use the existing pending I485 application?

2. Whether to withdraw old I485 application and reapply with company B or wait and see I485 filed with company A until INS opens it and ask for any documents.Is it going to be a
problem if I withdraw at this point.

Thank you very much for your kind suggestion.
 
Some basic questions

Does your 6 year of h visa is over or not ?

Why you want to file I-140 for compnay B using adjustment of status ?

It might be little bit expensive idea, but get new h1 from your company B and then you can file for I-140 for company B. As far i understand, you can have multiple future job, i am not sure if you can have multiple I-485 or not ? i think they will ask you to withdraw one I-485 application when they adjust your case. but as far as I belive you can have two application for I-140.

main problem for you, when you file I-140 then INS can figure out you didn't wait for 180 days after your first I-485 file and they will send REF for your I-485 application and it would be very diffcult. frankly speaking nowadays they issue REF 2 out of 3 case so take your chance. And Anyway INS has different way (like IRS) to figure out where you were working before 180 days of your I-485 filing.

1.. Can I file new I140 with Company B and use the existing pending I485 application?
You can, but i think it's very risky

2. Whether to withdraw old I485 application and reapply with company B or wait and see I485 filed with company A until INS opens it and ask for any documents.Is it going to be a
problem if I withdraw at this point.

it's upto you if you want to wait or withdraw now. but i think you can withdraw application when they issue REF (I am not sure, but i think they have option in REF, either provide documentation or withdraw application


Good luck

JB
 
Additional Info!

Does your 6 year of h visa is over or not ?

---No, I am on H1 B with employer B and it is valid until August 2004.

Why you want to file I-140 for compnay B using adjustment of status ?

---Because I got my labor approved from Employer B so wants to file I140 with employer B and use existing employer A I485 pending application.
 
1. No you cannot use the pending 485 to be linked to the just approved I140.
2. I would suggest that you wait till the approval as attorney A suggests BUT: If you get RFE, you can always say that the company A failed to withdraw that I485 after you moved to company B. This is assuming that you have a strong case of AC21. Consult attorney about how you are going to handle AC21 and work out the dates of new employment etc. Unless you are comfortable with all possible scenarios, I would not advise taking this course though.

If you have not used the pending 485 for EAD/AP (even for dependents) it might be cleaner to withdraw I485 and file a new one with I140 in the long run.
 
New approved I-140 can be attached to pending I-485 (please read Murthy chat she has replied many times)

“I would suggest that you wait till the approval as attorney A suggests BUT: If you get RFE, you can always say that the company A failed to withdraw that I485 after you moved to company B”

company A can only withdraw or revoke I-140, I-485 has be withdrawn by employee as it is filed by him/her.
 
Well, I will modify my comments:
You can use the existing 485 to get the same A# and Receipt Date. That is what Murthy keeps saying again and again. Whether AC21 comes into play or not is another matter.

Employer can "attempt to withdraw I485". INS will respond with a RFE, that is all. For sks - it is just a lame excuse phrase that is all..

I think the problem for sks is that I140 has not been approved yet. sks cannot try concurrent filing now. This issue has not been addressed so far by BCIS or murthy so far (to my knowledge)

May be this issue should go to that forum. Experts or experienced people who have done linking of I140 with a pending I485 to gain concurrent filing advantage might respond.
 
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