Novice , Question in 485

S

statusquery

Registered Users (C)
Hi All,

I'm new to I 485, I have couple of questions.

1. I have approved I-140 from my ex company, and my current company is processing my LC, but its taking too long and I'm reaching my 6 year limit by the end of the year. I talked to my earlier company and they are not going to withdraw my I140 nor my LC and kept it open. Can I file I485 with my personal lawyer.

2. If so, I'm planning to file I485 on my own, (means paying out of my pocket), does any one know a good lawyer who will stand by you and how much approx. it's costing.

3. I'm married, currently my wife went to India on vacation. Can I file my I 485 now and her's when she get's back. Is there any disadvantages/delay in her processing and getting EAD etc., for her.

Thanx in advance
 
1. No, unless your previous company agrees to hire you back.

It is not required for the employer to withdraw I-140 (unlike H1). But, that does not mean that you are eligible to use that. Talk to your previous company, if you are ready to hire you back, you can certainly file I-485.
 
I think if prev. company can express an intention to hire you, that should be good enough. Ask a lawyer.
 
Expressing Intention, means what ?, Now my manager can give me a letter if required stating that they are ready to hire when I got approval.

But what if they cannot hire me due to economy or some thing, what happens then, is it become illegal or any problems.

Thanx
 
Well technically green card employment based means, this person is valuable to USA, we can't find his equal here, so in order for us to be able to hire him, we'd like to file his GC. In other words, to file ur GC, and puristically speaking, ur GC app is perfectly valid, if you have a company willing to hire you after you get ur GC. I bet there are laws that go either way (in favor and against) this theory. So it really depends on ur lawyer.

Problem areas.

99.999% people are already working for the GC sponsoring company. So ur case is out of the norm, which means depends on adjudicating officer. If lawyer is good enough, he can pull this thru.

If someone somehow reports that company did not hire after his GC got approved, or something on those lines, people could create troubles. But usually INS is so busy with just the regular stuff, they wouldn't spend extra time on out of the norm cases. (hence ur problem).
 
My 2 cents ..

If your prev company can give a letter stating that they have the intention of hiring you once your GC approval comes then I guess thats good enuff to go ahead for your filing.

If after getting your GC, for valid reasons (like economic conditions, company has a hire-freeze policy, or company went belly up, etc.) if they dont hire you, get that documented and I think you will be safe.

But if they pursue their intention of hiring you, but you on the other hand does not want to join them then you are asking for trouble

In summary I guess thats what Express Intention means in that context.
 
Thanx to all senior members who are taking time in answering questions.

Based on your inputs could you guys suggest any good (legal who will stand by me) lawyer in my area

I live in sunnyvale, CA, 94086

Thanx once again
 
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