problem with 485 help

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kaushika

New Member
My Labor certificate was applied by my former employer in August 2000. In September 2001 i had to leave the company as they couldnot employ me any more but continued my GC processing for a future employment. My Labor was approved in December 2001 but by that time i had moved to my present company with a H1. Now since this is a future job requirement Greencard the process continued and my I140 was approved in May 2002 and subsequently my 485 was applied and I got my EAD. My present company H1 was valid till Jan 2004. I renewed my EAD once more in February 2004. The situation is the compay who did my GC as future employment has closed shop.I have been legally working for my present company from Nov 2001. How do I now get my 485 approved. My present company has given me a letter that they want to employ me in the forseeable future and desire to keep me. INS has sent a RFE asking for my paystubs , tax returns and letters from both companies. Mu former comapny cannot write that they can offer me a job in the future because they have gone out of business in December 2003. Can i fit in the portability clause
 
You can

You can use AC-21 if your 140 has been approved, your 485 pending for more than 180 days and the new job is similar to that approved at labor cert.

Talk to a lawyer.

HTH
 
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kaushika said:
My Labor certificate was applied by my former employer in August 2000. In September 2001 i had to leave the company as they couldnot employ me any more but continued my GC processing for a future employment. My Labor was approved in December 2001 but by that time i had moved to my present company with a H1. Now since this is a future job requirement Greencard the process continued and my I140 was approved in May 2002 and subsequently my 485 was applied and I got my EAD.
---- did you attach future job offer letter from former employer when you filed I-485??? only issue can be if your I-140 approved after you left the former employer becase MEMO has this info" In all cases an offer of employment must have been bona fide,and employer must have had the intent,at the time the form I-140 was approved, to employ the beneficiary upon adustment" I hope they dont dig into that, you can read page 3 of memo
http://www.bcis.com/images/yates.memo.8.4.03.pdf

My present company H1 was valid till Jan 2004. I renewed my EAD once more in February 2004. The situation is the compay who did my GC as future employment has closed shop.I have been legally working for my present company from Nov 2001. How do I now get my 485 approved. My present company has given me a letter that they want to employ me in the forseeable future and desire to keep me. INS has sent a RFE asking for my paystubs , tax returns and letters from both companies. Mu former comapny cannot write that they can offer me a job in the future because they have gone out of business in December 2003. Can i fit in the portability clause
------ you must provide the new company future permanent job offer letter to use AC21, send the 3-4 pay stubs and clearly write that your former employer who filed LC and I-140 has been closed ( if you have any evidence of company closed then attach) It seems to me that becase of the above that I mentioned and written in MEMO they are asking past employer letter and you may have not attached his letter when I-485 was filed. It would have been better if you have sent AC21 letter early. many are posting to send AC21 letter AFTER you get RFE, I always say that update them before they send RFE becase in RFE they ask many documents. let your lawyer reply to RFE and update us
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