Please clarify

Z

ZYXW1234

New Member
My previous employer (Employer A) applied for my labor. Then there was a business arrangement in which the Company Split and Company B was created. I was shunted to Company B. My H1 was transfered (and approved) to Company B with the promise that Company A will still sponsor my GC process. In the meanwhile my labor was approved and I applied for I 140 and I 485 (Concurrent Filing). I have however opted for CP after the I 140 was filed and my attoryney said he would make the necessary changes to the I 140 application. I understand that once you opt for CP your 485 applications are automatically withdrawn or removed. I have received the Receipt Dates for the 140 and 485 applications. I am yet to find out if my lawyer has made the changes for CP filing.
Questions:
1. Can Company A sponsor while I am working for Company B
2. When going for CP how will I convince the Visa Officers that I have a job waiting with Company A.
3. If GC is denied, can I enter the US with my current H1 (valid for another 14 months)
4. Should I ask my attoryney to withdraw the 485 applications (and EAD, AP, FP applications) or can they continue simultaneously.
5. Is there a posibility that I will get EAD Cards even before the 140 is approved. Reason: the processing dates mentioned indicate that EAD applications will be processed in 60-75 days, whereas 140 will be processed in 210-240 days.
6. Do you think I should go back to Employer A ASAP

Any suggestions would be greatly appreciated.

Thanks in advance.
 
Need to clarify....

ZYXW1234,

You need to clarify, several things, because I find several statements which are in conflict with one another.

However I will try to break it down, and answer.

You said you have filed the I-140 and 485 concurrently. You have the receipts for these filings in your hand.

After filing them, if you have changed your mind, and decide to go for the Consular Process, then you are abandoning your 485.

I know it is possible to change the last stage from AOS to CP. However I am not sure, whether this change can be communicated to the INS before the I-140 is approved.


So, just to wrap up, your present status is:

Your I-140 is in process, and your intention is to go for CP.

Now let us look at your specific questions:

My responses only:

1. It is possible to work for one company and have your GC
processed by a different company.

2. They base their decision on the employment letter you provide.
Better still, is joining Company A before your interview date.

3. If the GC is denied, it is a problem. However if it is for innocent
reasons like, insufficient documentation, then you MAY be able
come back. This is a gray area, and consider all reasons why
the GC could be denied .

4. This is in conflict with what you stated earlier. You can not have
both AOS and CP going on at the same time.

5. You have your I-140 , 485 and EAD applications pending. Then you have communicated your intention to go for CP to the INS.

If that is the case, then I do not know, when INS would link both and stop your 485 and EAD processes.

But if you have not intimated this to INS, then it is likely that you will get your EAD first.

6. That is a good idea, though not essential.

Hope this helps!
 
Thanks

First of thanks a bunch for answering my questions.

The problem is my attorney does not advise me adequately or tell me the options I have.

I was unaware that you could opt for CP at 140 filing stage and my attorney did not tell me. So I sent in my 485 packet (incl FP AP and EAD). Later I discovered that I had the CP option. When I asked my attorney he did not advise me for CP. His reason: Heighten security risks. if the embassy was closed for some reason, I would be stuck. I do not forsee such a problem for my embassy (Madras) though it is a possibility. After my 485 applications were filed, I request change to CP. In the meanwhile I got the receipt numbers (the attorney has them). I am yet to find out if my attorney has notified INS of CP intent. In the process I lost considerable money in filing fees, attorney fees medicals etc.

Do you suggest changing my attorney at this stage.

Thanks in advance.
 
File I-824 for change from AOS to CP

ZYXW1234,

If you have made up your mind to go the CP route than you need to file I-824(Application for Action on an Approved Application or Petition) to request the change from AOS (I-485) to CP. Ask your attorney, if he has already done that.

You can download this INS form and others from the following INS website.
http://www.ins.gov/graphics/formsfee/forms/index.htm

I am not sure if changing attorney at this time will be a big help. There nothing much to be done at this point except filling forms with your biographic information and affidavit of support, if you have decided to go CP route. You have to just fill some forms depending on the size of your family. I think DS-230 part 1 for each member of the family including yourself and I-134 (Affidavit of support) for each member of your family.

My personal opinion: Just keep the same attorney you have now and get the best out of him by being informed.

Thanks and Good Luck.
 
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