Need urgent help after I-485 approval, PLEASE HELP

K

kanpuriha

Registered Users (C)
Guys, I am not sure in which forum I should post my issue and it’s a little long description as well so please bear with me –

I came to USA on H1-B through a consulting company A and then went on to join some other company through h1-b transfer. In the mean time my new company refused to sponsor my GC so I got that process started through company A (Please note that I was not there employee when they got the process started). Almost 4 years passed since then and I kept on changing companies initially through h1-b transfer and later through EAD card that I got 6 months after simultaneous 140/485 filing.

Last week I got my 485 approved and now attorney told me that I need to join “Company A” ASAP as my GC was filed for future employment. Currently I am working for a great company with a stable job and I do not want to enter into consulting nightmare any more. Please advise if I have any option to save my current job and GC both or I will have to join “Company A” at any cost to save my GC?
 
well, that is fine, but at the citizeship stage, it would pose more problems. Talk to your attorney about it. or just wait for answers from other people in this forum.
 
Well, if you are lucky and they already have your biometric data on file, you will just get the greencard in the mail, no need to do anything.

If, however, you are going for an interview and/or passport stamping, I don't know what type of appointment you have and what the immigration officer will do in regards to investigate your situation.
I would keep the job that you have if you like it, it all depends how likely the officer will investigate and find the following problems:
- you were not employed with the petitioning company with the intention to stay employed with them permanently when applying.
- whenever you changed jobs, according to AC21, you were supposed to send a letter to USCIS.

If the officer finds out about this, they will probably not issue you a greencard, even if you were again with employer A.

(Just some thoughts, good luck, ask a good lawyer about these probabilities...)
 
AC21 provides relief for this type of situation. It also is not required to file an AC21 letter to the USCIS. If your I-485 was approved after 180 days of filing the application, you should be allowed to have switched jobs. Maybe the only thing in question was the intent of the original petitioner at the point the I-140 was approved.
 
Few more details and questions about my case -

1. I have got my biometrics done few weeks back.
2. I never send a letter to USCIS when I changed jobs and I did that within 180 days of my 485 filing but after I got my EAD which somehow I got only within 3 months of 485 filing.

Now questions I have -

1. is it possible for me to file AC21 now or I am beyond that as my 485 has already been approved?
2. Assuming that I get my actual card in few weeks and after that if I go outside USA then am I putting myself at risk as on return then might sneak into my work history etc. at immigration check?

Hope and Pray that some of you proves lighting rod for me
 
AC21 relief is really only for points prior to I-485 approval. I don't think filing will help at this point. Just keep all your paperwork handy in case you need to refer to it in the future. I also don't think you're at any risk to continue your life as normal. Enjoy your new freedom.
 
I think if you 485 is based on future employment as you stated, you may be in some trouble and potentially vulnerable to situations. I think you should probably stick to what was proposed in 485. You never know what can happen later ...
 
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