Need help ASAP

Q

q585

Registered Users (C)
Hi Guys,
I filed I-485 six weeks back at NSC and till now i did not get the RD.
My company is struggling financially and am not getting paid since long time. It's difficult for me to survive without getting paid.

If i leave the current company, Can i continue my GC processing with other company?

I think my company will go outof buiseness month or so.

Please help me out.,
Thanks.
 
Q585 - I feel sorry for you man. To the best of my knowledge, getting the receipt for your 485 is not going to do any good for you to keep your GC processing live. You have to be with the same employer for atleast 180 days to keep your processing live under AC21 act. Since you mentioned that your company is going to shut their doors in a month or so, I am not real sure how good the chances are to keep your GC alive. May be, if it is a small company you may pursue them to keep you on their payroll till you complete your 180 days from the date your application is received by INS.

This is just my opinion and I would strongly suggest you to seek legal advise, even thou it is a costly affair. Good luck man. Hope you will survive this tide and come out with flying colors.
 
AC-21

AC-21 does offer some hope in your case. It is important to understand that in order to avail of AC-21 portability, your I-485 must remain unadjudicated for 180 days or more, and not that you must remain employed for 180 days with the original employer. How this is often interpreted is that you can change an employer the very next day after your I-485 is filed, and if it remains unadjudicated for 180 days, then your change of employer becomes legal retroactively. The only condition is that your new job *must* match your previous job in definition and detail, for which labor certification was obtained.

Since the INS has not yet come out with their binding regulations for AC-21, it is still open to interpretation. What i wrote above is definitely a liberal interpretation of that law. Under normal circumstances, it is not advisable to test if it would hold true, obviously.

But in cases where somebody has been laid off, AC-21 offers a some hope, whereas earlier, there was none.

I have participated in a thread or two where the above was discussed in greater detail. I will search for its link, and post it here, if i find it.

Hope this helps.
 
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