I485 Issue - Urgent 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.
 
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.
---- more info Need : did you apply with the copy of approved I-140?
--- Did you apply I-485 with employer letter of A?
--- Did you get EAD, AP?
-- Have you used EAD?
--- Are you still maintaining H1 status with your employer B
--- Have your Spouse used EAD?

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 I am lucky enough and suggested
to take advantage. So, I filed 485 in Feb2002 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.
------- If you or lawyer has not provided any wrong information it is not a problem, maximum BCIS can do is to send you a notice to deny the I-485 they are not immediately going to deport you and the reason for intent to deny I-485 will be written to you and your lawyer can reply to BCIS
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.
----- Attorney of company A is also correct
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?
---- Yes, you can file new I-140 with company B and once it is approved it can be joined to your pending I-485
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?
--- If you withdraw I-485 it is not going to be problem, but you have to spend again for medicals, photographs and attorney fees to file new I-485.
--- If you feel that pending I-485 may have fraudulent info, better to withdraw it, your attorney A knows what he/she wrote on the cover letter to INS/BCIS. Your attorney A is also responsible for filing I-485 and lawyers don’t file I-485 based on false info. He/she may be trying to use AC21
 
more info!

---- more info Need : did you apply with the copy of approved I-140?
Yes, I applied with Company A approved I140.
--- Did you apply I-485 with employer letter of A?
Yes,
--- Did you get EAD, AP?
Yes, got EAD but not applied for AP
-- Have you used EAD?
No
--- Are you still maintaining H1 status with your employer B
Yes, I am on H1 with employer B
--- Have your Spouse used EAD?
No, my wife is also on H1-B

-- One mistake in I485 application is that we stated my wife status as H4 but she was on H1-B with a different employer.
 
If I am in your position then I will apply for only I-140 once the I-140 is approved then the lawyer who filed your I-485 can send the copy of approved I-140 and request to BCIS that it should be attached to your pending I-485 and I-485 should be approved based on this I-140 and can provide a letter from your current employer. When your employer Attorney has to file your I-140 he has to write your A # (that is on I-485 receipt) and has to explain that I-140 was also filed for you in the past (I-140 form has a column that asks if any Immigrant petition was filed for you by any employer in past)
When your A # is written BCIS knows that I-485 is pending and they can check all the records with A #
Even if you’re I-485 is denied (very less chances) you will not be deported as you have still valid H1 nonimmigrant visa and are maintaining H1B status and you have not provided any fraudulent information. On what basis your new lawyer is saying that you can be deported?
Regarding writing H4 and your spouse being on H1B on I-485 forms, your lawyer can write a letter to BCIS and can correct the mistake Or send a new updated form with correct info and that can be attached to the pending file ( how did the lawyer did that mistake or you provided wrong info?
It is Better to maintain H1B status till I-485 is approved and keep the valid H1B Visa stamp in your passport so that you can leave and come back on H1B status if you have to go out of US. Again discuss with both the attorneys and post here what they have to say.
 
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