What happens to I-140 and I-485 if the company sponsoring goes bankrupt?

skuba

New Member
Hi,
My case has I140 and I485 pending.
The I485 was received by USCIS on July 18 2008 and the I140 around the same time.

I am getting really concerned because there is a chance the company will have to file chapter 11.

What would happen to my GC process? I am guessing that if it happens after 180 days of I485 receipt, what would be Jan 14, I could carry on the process independently from the company, right?

What happens if it's before Jan 14?

Thanks o much for the feedback.

Thanks
 

ginnu

Registered Users (C)
Hi,
My case has I140 and I485 pending.
The I485 was received by USCIS on July 18 2008 and the I140 around the same time.

I am getting really concerned because there is a chance the company will have to file chapter 11.

What would happen to my GC process?
--------------------------Your I-140 is not approved at this time. If I-140 is not approved and I-485 is not pending for 180 days and company is closed then your GC process comes to end and may have to start it again.

I am guessing that if it happens after 180 days of I485 receipt, what would be Jan 14, I could carry on the process independently from the company, right?

What happens if it's before Jan 14?

Thanks o much for the feedback.

Thanks
Read below
Matthew Oh Attorney Reporting


11/15/2008: Nose-Diving Economy, Shrinking Businesses, PERM Processing Delays, I-140 Processing Delays, and Risk on I-140 Approvals

We reported a few days back the OFLC current practice to scrutinize PERM applications relating to its impact on employers' businesses, layoffs, and downsizing, causing delays in processing of applications. On top of such delays in the labor certification applications, currently the USCIS is witnessing a tremendous delay in adjudication of I-140 petitions. The delays in labor certification applications and I-140 petition processing adjudication have been posing a serious risk of denials of I-140 petitions because of the current economy's impact on the employer's financial ability to pay the labor certification wage at the time of filing (priority date) of labor certification applications as well as at the time of adjudication of I-140 petitions after a long delay at the level of labor certification application and at the level of I-140 petition. Under the current immigration rule, approval of the I-140 petitions is conditioned upon the employer's proof of its financial ability to pay the proffered salay (labor certification salary) at the time of labor certification filing through the time of adjudication of I-140 petition. When employers receive I-140 RFEs with the issue of financial ability to pay, because of the changing business environment of the employers, more and more employers tend to face a problem in meeting this requirement in response to the RFE. When I-140 processing times were relative short or when I-140 premium processing was available, the risks were somewhat limited. But now, because of the two factors (ongoing deterioration of economy and business and ever deterioratiing processing times of labor certification and I-140 petitions), I-140 approvals are growingly an challenging issue because of such RFEs. We just hope that at least one of the two factors shows some improvement such that the I-140 employers and their alien beneficiaries face less challenge and risk of denial of I-140 petitions after overcoming ever-challenging labor certification process.
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skuba

New Member
That sucks. I guess the only advantage I have is that my current salary is already the one defined by labor dept. So that's fine.

I am also already responding to a request for evidence. Does it mean my process is quite advanced?

Thanks
 

tammy2

Registered Users (C)
Hi,
My case has I140 and I485 pending.
The I485 was received by USCIS on July 18 2008 and the I140 around the same time.

I am getting really concerned because there is a chance the company will have to file chapter 11.

What would happen to my GC process? I am guessing that if it happens after 180 days of I485 receipt, what would be Jan 14, I could carry on the process independently from the company, right?

What happens if it's before Jan 14?

Thanks o much for the feedback.

Thanks

Usually it should not be a problem. Even if the company is in chapter 11 they need to run the business. My I140 was applied/approved while company was going through bankruptcy process. Problem only come if the company goes out of the business since you do not have a job offer..
 
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