Pending I-485 if I-140 withdrawn

[lx485]

Hi,

I have some questions about my I-485 case and would appreciate any information you provide.

First I 'd like to give a brief description of my situation. My I-140 was approved in 9/2001. Then my company put my I-485 on hold. The reason is that my salary is a little bit lower than that required by my LC, and there is no hope of salary raise in the near feature because of salary freeze. The company said that if 485 is filed, and if my salary does not meet the required level by the time 485 is approved, the company will misrepresent itself to the government. So they cannot file my 485 untill it is clear that I will get a raise. (It's a big company and follows the rules strictly).

Because of some things happened, I decided to file the I-485 myself. So it was filed in 8/2002. Now the company knows about it and is unhappy about what I did.

My questions are
1. What if the company withdraw my 140? My 485 is pending for almost 180 days (10 more days to go). If the company withdraw the 140 after 180 days, will it still affect my 485? How about before 180 days.

2. There is an opportunity for me to file another 140, which is based on another approved LC from the same company. The salary requirement for this LC is lower, so my salary does meet the requirement. This is why the company wants to file the new 140 for me before they knew that I have filed the 485 myself (then they can withdraw the old 140 and give the LC to other people). IF the new 140 is filed and approved, can I switch the 485 to base on the new 140 so that my salary is not a problem, or do I need to file another 485 and withdraw the original one?

3. My wife is working using the EAD from the 485. If the 485 is withdrawn, is his EAD still valid until the expiration date, or it becomes invalid as soon as the 485 is withdrawn?

Sorry for the long message, and thank you for taking time to read it. I would very much appreciate your advice.

 

[jaxen]

1. withdrawal of 140 will not affect 485. That is why we have AC21. However you need another employer who can offer the same job (even if it is lesser than the LC salary), since your current employer is not likely to admit that economy is down and that is why the salary offer is lower

2. U cannot have 2 485s at the same time. But U can opt for CP on the second approved 140


3. If 485 is withdrawn, EAD and AP based on 485 will be invalidated... This error can be caught 10 years from now, and still you (and spouse) can be deported...

 

[bumblebee]

Salary freeze is not your problem, it's your company's problem. If the company follows the rules, they have to pay you whatever they promised the government. Whatever a company says to delay your GC is always bullshit. I would be very cautious of those kinds of companies, some do this deliberately to keep you longer (and the lawyers get more fees). I think you did the right thing. The same company that makes you wait to apply for your 485 to cover their own .., may tomorrow decide to lay you off. If they are protecting their interest, you have to protect yours. Plus, now your wife can work.

I have a recurring dream where I bypass the big company immigration people and go directly to their lawyers and say "whatever big company is paying you, I'll pay you $10,000 extra because this is my life on the line, just file the case MY way, quick!"

just my personal opinion. no offense to any lawyer (except for the one who delayed my case for 4 years)

 

[lx485]

Thanks to both jaxen and bumblebee.

Now the company is forcing me to withdraw my 485, otherwise they will write to INS to revoke my 140. I don't know if I should keep my application or give in and withdraw my case. If they revoke my 140, I will have to look for another job. But it's hard now. Do they violate anything by forcing me to withdraw? Can I seek any legal help?

Any suggestion? I really appreciate you help.

lx485

 

[ginnu]

1 Try to find other job in similar job skills
2 I hope your I-485 has crossed 180 days let then send letter to revoke I-140, no problem for you INS is not going to revoke it if INS revokes it your GC is not effected, you can use AC21
3 do not withdraw I-485

If you cannot find work for few days no problem you have your I-485 pending.

Try to get the LC copy from lawyer or your employer before leaving.
It is better to leave this employer you have to take the risk, his intentions are not good if you withdraw I-485 you are the looser,( bluff that you have sent letter to INS to withdraw I-485)and search for new job .

Good Luck!!