Is My I-485 case still valid? HELP!!!

[2004888]

Hi All,

Here is my case:

1. Got I-140 approved in 04/2002 in company A.
2. Received I-485 receipt on 06/03/2002.
3. Got laid off on 07/26/2002.
4. Hired by company B (same job title) on 11/20/2002 in another state.
5. Got FP done in 11/2003.
6. I-485 case was transferred to local office (with B location) in 03/2004.
7. Returned to company A in 05/2004 up to now.
8. Have not received any info from loca USCIS office about the interview.

Questions:
1. Is my I-485 case still valid?
2. If valid, can I use AC21 to change job ?

Thanks.

 

[pralay]

1. Is my I-485 case still valid?

Yes, it's valid. GC is for future employment. So your previous layoff with company A is not an issue here. As long as company A (your current employer) intends to keep you in position referred in LC and I-140 after you received GC, your I-485 is fine. Basically if there is any RFE/interview ragarding this issue, you employer has to declare that the the position specified in LC is either still open for you upon GC approval or you have already filled up that position.

2. If valid, can I use AC21 to change job ?

Yes, you can provided it's similar kind of job mentioned in your LC.

 

[2004888]

Thanks, parlay.

1. So you are saying that since up to this October I have worked for the company A for more than 180 days as total, I can be re-employed by company B?

2. If I do change the job in October, what should I pay attention to or what shoud I do for this case?

Thanks.

 

[pralay]

1. So you are saying that since up to this October I have worked for the company A for more than 180 days as total, I can be re-employed by company B?

AC21 rule says that you have to pass 180 days after filing I-485 and company A should not revoke your approved I-140 within this 180 days. It does not matter whether you worked for company A 180 days or not.

2. If I do change the job in October, what should I pay attention to or what shoud I do for this case?

It has to be similar position specified in LC.

 

[2004888]

Thanks, parlay.

The thing I worry about is, if I leave the sponsoring company now and join another comapny by using AC21 with same job title and description as LC and I-140; if later I get a RFE requesting for the information about the sponsoring company, such as taxes, finanial, etc, it would be very difficult for me to get such information. I just don't know the best solution.

I consulted several attorneys, they all suggested me stay with the current company until I get the GC. But I really want to go.

Thanks.

 

[waitin_toolong]

in that case u will use AC21 and use the financial info of the new company, u may need to provide the financial info of the new company frm the day ur labor was files by company A.

 

[2004888]

Is anyone here knows similar case which got approval? Just Hesitate. But Thanks.

in that case u will use AC21 and use the financial info of the new company, u may need to provide the financial info of the new company frm the day ur labor was files by company A.