Life after I-1485 filing?? (From experts please)

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indianh1b

Registered Users (C)
Hi,

I would like to create a hypothetical scenario:

1. Company A sponsors an employee for GC.
2. RIR completes successfully.
3. Company A files for I-140 & I-485 concurrently.
4. I-140 gets approved.
5. Employee crosses the 180 day while waiting for I-485 approval.
6. Employee decides to change employer to someone "similar" using EAD (i.e., Company B).
7. While I-485 from Company A is still pending, Company A goes bust and closes door (assuming worst case scenario).

Questions:
Q1. Does the Employee start from all over again?
Q2. What are his options?
Q3. Is it a good idea in step 6 above to use EAD instead of remaining H1-B.
Q4. If H1-B is used to switch would it affect the GC/I-485 process?

Thanks in advance for your time!
indianh1b
 
Hypothetical Scenerio

I think company A wont make any effect any more wheather it get closed or bust or red cotton. You already left the company A.
Now question is does concurrent file still give that 180 days advantage. My lawer says this has not been mentioned by INS clearly. Now we wait and see.

I am not a lawer
 
Q1. Does the Employee start from all over again?
NO. After you apply for AOS, yous status is as 'adjustee'.
Q2. What are his options?
Finding another employer with similiar responsibilities. (co. B), and if RFE comes for Employemnet,, use Co.B paystubs, employment letter, W2
Q3. Is it a good idea in step 6 above to use EAD instead of remaining H1-B.
EAD is used primarily for those situations. Its a good idea to remain on H1 if the AOS gets denied. Although We dont come across that many denials from INS.
Q4. If H1-B is used to switch would it affect the GC/I-485 process?
If may ... 485 is for future employment. As long as you can prove that you didnt exploit the process and your job at your new company,, you should fine.

Always consult your lawyer. when it comes to the real world, they are the one who will be representing you.
 
Answers

1. No
2. Keep playing poker, go work, drink beer on weekends, play golf with new manager. the list goes on...
3. EAD is your best bet, yes (saves lots of money)
4. However you can use H1. If a RFE is generated all you need to do is to respond with current employment offer (citing job similarities with the one LC was approved).

I know a case personally who went thru a similar experience (except the case was non RIR, so U can imagine the years that have gone by). He is got his green card and is vacationing in the french rivera.

IMO, 180 days from I485 RD still holds whether you file concurrently or not.
 
180 days from RD in Concurrent filing

Yes. I think so. It still exits. We can still have the advantage of that. I do not know why my lawer gave me the guffy feeling about that. But, anyway My understanding is yes it still holds.

Thank you Jaxen. What is your major?? Law :)
 
Thanks!

Thanks for your valuable replies.

I guess it makes sense to go for AOS to be prepared if this worst case scenario occurs. Consular Processing may be a bad option if the employee is not sure how long the company A will last for (especially in these economic conditions). At least, the employee could joing Company B as an adjustee, while still on H1 and not worry about how well Company A is doing.

Thank again!

Indianh1b
 
One more thing....

Related to the above scenario...
After I-485 on file for over 180 days, can the employee join Company B in a different State?

Thanks again!
 
Changing state is not a barrier. Just the good old AR11, SC notification, calling IIO to confirm and relishing the comparison of places....
 
Address change

Hello,
I am in the same address what hav been mentioned when I applied for H1b at NSC. I am still holding that H1B, and still staying at the same address. Do I need to inform my address that main INS center at Washington by filling AR11 because of the new rule. I never informed INS separately my address like that.
Please answer if you can.
 
Re: Address change

Originally posted by Sahin
Hello,
I am in the same address what hav been mentioned when I applied for H1b at NSC. I am still holding that H1B, and still staying at the same address. Do I need to inform my address that main INS center at Washington by filling AR11 because of the new rule. I never informed INS separately my address like that.
Please answer if you can.
Click to expand...

You do not need to file a separate AR11. You ARE informing INS with your address when you are filing for 485 or I-140. So unless you change after that you do not have to do anything else.

Relax... and enjoy the wait..... :p
 
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