What will happen to I-485 and what are my best options?

A

asrivero

New Member
I filed my I-485 last June 11, 2002 and this week my company told us that they will close the company by the end of the month and we will all be laid-off.

If i find another company, do i have to start the GC process all
over again or what are the best options i can take so as not
to repeat all the steps.

Thanks a lot.
 
new job

You will be fine if you can find another job, before the approval of your 485. Looking to your application date (June 11, 02), all you have to worry aobut is finding a similar job, and you will be fine.
 
immi007 is absolutely right. I am in a similar situation. My company has done everything to indicate that they are going to crash except explicitly telling us that they are closing down. Hope you have a valid EAD...use this to immediately find a similar job...I know it is easier said than done, but if you receive an employment RFE you must be in a position to respond with a letter. I would not worry about salary etc (as long as it is above the minimum required by INS regulations). You have come too far to have to do this all over again...Best wishes!!!
 
A modification to my earlier post

I misread your date and thought you had applied in June'2001 (not 2002). My apologies. Anyway the only thing I would change in what I said is the following. You have not completed 180 days since you filed your application. However it is extremely unlikely that INS is going to adjudicate your case even by the end of the year....they are still working on cases from the middle of 2001 (June/july/August). So the trick is to move to another job after the completion of 180 days. If you move before 180 days, the question is whether you are eligible for AC-21 benefits (assuming that INS does not adjudicate your case before 180 days). I would argue YES since AC-21 is more a stipulation to INS not the applicant.....but I am not the INS nor an attorney. Check with an attorney about this. The good news is that you are a pending applicant and therefore can legally stay here and look for a job.
 
AC-21

an interesting fact about AC-21 is that the trigger for I-140 portability is that your I-485 must remain unadjudicated for > 180 days, not that you must change jobs after 180 days.

what this means is that, theoretically, you can change you job the very next day after your 485 is filed, and if it remains unadjudicated for 180 days, then your job change was validated retroactively! in the very unlikely event that the your 485 came up for adjudication before 180 days, then, of course, you are out of luck. it is for this reason that somebody wanting to use AC-21 portability will try to wait until 180 days are over before actually changing jobs - unless of course they were laid off, then they would not have a choice. but at least AC-21 offers a ray of hope in case of a lay off, when earlier there used to be none.

admittedly, this is a very liberal interpretation of AC-21, and it is a view espoused by the immigration attorney Carl Shusterman, as presented this website: http://immigration.about.com/library/weekly/aa012902b.htm

also, in the absence of INS regulations, an adjudicating officer might fail to see it this way. so if one is planning to use AC-21 portability, then they should also enlist the services of a good lawyer.

please read up what Shusterman has to say on AC-21; more importantly, hire a good lawyer when your case comes up for hearing.

if you haven't applied for EAD with your 485, do so immediately. i wish you the best of luck in your job search.
 
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