LC approved but sponsor has close his business

[Sky W. Walker]

Under H1B for company in Texas since March 2002 (H1B renewed March 2005 up to March 2008)
LC file October 2003 (Third category)
LC approved August 2006

Problem:
Sponsor has closed his business May 2006
I found new sponsor (different job) and get new H1B August 2006 up to March 2008

Question:
If there any way to not lose all the time I have already waited
I can file I140 but not I485.
When my PD will be current (maybe in 1 year) I will not be able to provide sponsor company good health statement.

I am open to any options

 

[TheRealCanadian]

I can file I140 but not I485.

You can't file an I-140, since you're not the employer. And since the employer has shut down, he cannot file it either. Unfortunately, you will need to start again.

 

[danmagaji]

LC approved, I140/I485 file concurrently

What about if I-140/I-485 have been filed and then sponsor goes out of business. Can i invoke AC-21 after 180 days of 485 RD assuming that both 140 is approved by then and i'm on another job on H1 or EAD(??)

 

[ginnu]

What about if I-140/I-485 have been filed and then sponsor goes out of business.
----------- if the I-140 gets RFE and past employer does not respond then you are going to be in problem. If I-140 is approved and I-485 pending more than 180 days you are safe to use AC21
Can i invoke AC-21 after 180 days of 485 RD assuming that both 140 is approved by then and i'm on another job on H1 or EAD
------------- YES, read above. you can join new employer on H1 (safe) or on EAD and can invoke AC21 if the future permanent job offer is same/similar job duties

(??)