Urgent Assistance

B

Baba Yaga

Registered Users (C)
People,
I know that this horse has been flogged many times, but here goes.
I am working for a Telecom co in NJ. Got labor and I-140
cleared and applied for 485 while in the same company.
Six and half months has passed after I-485 ND and today I learnt that my
company may go bankrupt in the month end! I already have an offer in NJ for a similar position (using EAD). Can I use AC21 to get my GC?
Your answers are appreciated.
 
Yes, you can.

There are several posts in this forum from people who made the switch, and then got their 485 approvals without any problems.

Good luck.

B
 
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Thanks,
My lawyer says that I can only work for the new compnay with the EAD
but INS will reject my petition. I know Sheela Murthy says
otherwise.
 
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This is the info I found in Murthy Chat archives 07022001.

Chat User : If a person applies I485, not 180 days over yet and the company files for Chapter 7 (Bankruptcy Liquidation), can that person stay in the U.S.? Is his GC will be in progress? Thank you.

Attorney Murthy : Well, as mentioned before, since a person does not need to be working for the sponsoring employer (since GC job offer is future job offer), as long as the INS does not adjudicate the case within 180 days, the fact that the sponsoring employer files for bankruptcy does not matter. Again, same or similar job with new employer should be shown if the INS issues RFE after 180 days. If the RFE is issued within the 180 days, then possibly that could be more problematic, especially if the time frame to respond to the RFE is also within the 180 days.
 
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Baba Yaga,

Just wanted to find out what was the latest situation with you. Hope all is going well.

I too have the same category and RD/ND as you have with VSC, and was wondering if you had any idea about the approval processing time expectation from VSC.

Heard that VSC has aprroved some 485 cases with RD/ND in the 01/2001 time frame. Is this true and are they help up due to the anthrax stuff?

THank and good luck
 
Baba Yaga

Your attorney is not correct. You can change once you cross 180 days on EAD. Now to be on the safe side u can wait till the 180 days after ND or RD whichever is the latest.
You can work for anyone except that it has to be a relevant job, same classification and atleast the same salary.
INS has approved people who got laid off 2 months into filing 485 and then eventually got a different job and just started working and even when RFE\'d they submitted pay stubs from the new company. What INS looks at (most imp) is if u are employed at the time of adjudication.
So make sure u have one atleast by that time.

Now gimee some Vibhoothi Baba. (j/k).

Just take up the new job and you will be 100% fine.
 
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