Spoke to attorney..485 approved sponsor company shut down

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616athem

Registered Users (C)
I have an approved 485. I applied concurrently in the EB1(outstanding researcher) category and my company was shutdown after 8 months of filing. Now I am working for a different company and did not get a chance to send AC21 letter before the 485 approval, since the approvals (140/485) were concurrent (Aug 04). The situation is further complicated since I am leaving my current employer and starting a new job next month. I was wondering if there would be any problem during the citizenship. I spoke to my attorney and she has suggested filing the AC21 after starting with the new employer. Furthermore she advised me to go ahead for stamping. I am not sure if filing AC21 is such a good idea since AC21 is relevant only until 485 is approved. They said that the issue may come up during the citizenship. As far as I know, after 485 approval the person should go back to the sponsoring employer to work indefinitely or have an intention to go back. In my case I would love to go back, but the company does not exist anymore. What do you guys think? Please respond. My current feeling is not to file AC21 since that may mess up things.

I would be thankful for any suggestions.

616athem
 
Isn’t AC1 only applicable if and only if your I485 is pending not approved? In that case I don’t think it would make sense to file under AC21 since it won’t even cover your case. I don’t know all the factors CIS looks at, but intent is one of them. If your company shut down you can state that you clearly had the intent to work for them but were unable to do so due to circumstances beyond your control.

Finally, do you need a sponsoring company in the EB1 NIW category? I applied as an EB3, so in my case it was essential.

Rgds,
Sadiq
 
THANKS FOR THE REPLY
Finally, do you need a sponsoring company in the EB1 NIW category? (MY APPROVAL IS IN THE EB1A CATEGORY(OUTSTANDING RESEARCHER), WHICH IS EMPLOYER SPONSORED. EB2 NIW CATEGORY IS SELF SPONSORED) I applied as an EB3, so in my case it was essential.

Rgds,
Sadiq[/QUOTE]
 
For EB1 outstanding category, do you need to continue working for the sponsor after I-485 is approved?
 
Chill out have fun. You got it approved thats all matters. Try and get sufficient proof that showing your company closed down. That will substantiate your Citizenship process.
 
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