Questions on I-485 application

[littlepig]

Hi,

I have several questions on my green card application.

My employer had sponsored me to get the labor certificate. My I-140 was filed on 08/05/2002 by company lawyer and is under process now.

According to the current regulation, I-485 can be filed with I-140 in parallel. But company doesn't want to begin my I-485 process because of salary issue. When the company lawyer started my green card application in 03/2001, I was a entry level engineer with salary 65K. He thought I could become a senior software engineer when i-485 is approved, so he filed me as a senior engineer which requires salary with 80K by INS. Now I am promoted to senior engineer, but the salary was halted because of difficult finanical situation. I know it will be OK as long as my salary increases to 80K when i-485 is approved, but this is unrealistic under such economy. So the employer doesn't agree to continue the green card process.

So I heard that I can file the I-485 with my own lawyer. A few questions about this:

1. Can I file the I-485 with my own lawyer?
2. One or two years later, if INS asks me to show the w-2 form, but my w-2 form shows my salary is not 80K. What will happen? Will they refuse me? Do I need to start over?
3. If my company find out that I file the I-485 with my own lawyer, what will happen? Will they tell INS?

 

[GCApplcnt]

You definetely need to talk to a lawyer, but I'm afraid the lawyer assigned to your company did have a point. I understand your intention of filing I-485 which would give you a legal status and time so that by the time BCIS gets to it, you salary level will be as filed.
The trouble is, the whole salary thing will come up during I-140 as well, in fact establishing that you fit your own LC is the purpose of I-140. If you have a serious wage mismatch, I-140 maybe denied. I-140 only takes several months to process and BCIS will do anything they can to not issue any I-485 based benefits ( EAD, AP ) until they at least establish that I-140 is "non-frivolous"
Another independent issue to think about is that your LC is owned by your company and it is free to revoke it or give it to someone else. If you want to use it for AOS purposes, make sure that they haven't done that.
To summarize, things get somewhat complicated in your case so do consult a lawyer before filing I-485/I-140
Good luck
PS One thing to keep in mind that your GC is sponsored by your company. Theoretically as long as they don't explicitly object to you filing I-485, everything should be OK. Do keep in mind thought that they "own" your immigration petition and free to revoke LC/I-140 at any given time they want. If that should happen - god forbid - and if I-485 is not approved by then, you are not eligible for AOS at all. I-140 can be even revoked after I-485 is approved - not sure whan happens then, but it may cause certian problems.
Bottomline - although BCIS will never directly contact your company regarding your application, you have to make sure that your company is not actually against you getting a GC and not revoke your courrently approved petitions
Good luck