Question on Parallel filing of 140 and 485

[phillygc]

Hi,

I have a friend who just got his labor cleared. His company now applied for 140, but refused to apply for 485 in parallel. In the meantime, he got a Full-time offer with his current client. Can he hire a new attorney just for filing his own 485? In case he does that, what would happen if the original company withdraws his 140? Does the 180 day rule fo 485 still hold good with parallel filing?

Thanks for your responses.

 

[Edison]

180 day rule applies to concurrent filing also. Also he can file I-485 on his own or use some other aatorney if he has I-140 receipt or I-140 approval notice and he can change job 180 days after I-485 Receipt date(to be on safe side notice date).
If the company withdraws I-140 before I-140 approval or before 180 days of I-485 then his I-485 petition will be denied.
If I-140 is approved and the company withdraws I-140 before 180 days of I-485 then his I-485 petition will be denied.
If I-140 is approved and the company withdraws I-140 after 180 days of I-485 then he can use AC21.