Will my 485 be approved after bankruptcy

N

nandu22

New Member
Hi,

I was referred by my friend to post my question on this website. Please respond if you know any detail regarding my query

I filed for my GC process through a Telecom company which has filed for chapter 11 now. I am currently in the i-485 approval process expecting my approval notice within 2 months(By october this year)

I was actually informed by my friends that my I-485 could be declined cause my sponsoring company has now filed for chapter 11 and could no longer sponsor immigrants. I am worried not knowing whether to stick to this company till october or join another company before that in which case I should inform the INS on the change of emplyment and address, which could take another 3 months delay in the process

please update!

Nandu
 
As far as I know, I-485 is employee dependent and has nothing to do with your company background. Your company back ground is verified during labour and I-140 process. However with 2045 portability you dont need to stick with the same company until your I-485 is approved unlike earlier. You can change your job 6 months after you filed I-485, make sure your job discription matches with your earlier job. I have seen couple of approvals on this board even after job change. Talk to a good lawyer, you should be fine

Bopp3:)
 
Bopp3,
I would like to slightly modify what you have said. You are right that the labor and I-140 stages do verify a lot things regarding your company (sponsor). However since the GC is for future employment, the ability of the company to pay you is definitely an issue and the question of how a company that has filed for chapter 11 can guarantee payment in the future to the employee (GC applicant) cannot be ignored. I do not know how INS handles such cases. If anyone has come across such a situation please post.
 
180 days and No Project No Pay Nothing

Hi guys!
I was working for company-A , and My project has ended just before 180 days. I have waited for a project almost for 2 months. Company-A could not find a project and they stopped my Pay, medical and they have taken a letter as I am going on logn vacation.
Then I have joined with Company-B as W2-Temp Contractor, since I have to feed my kids,and pay my bills. The company-B is cutting my payroll, expences only my employemnt contract does not look good.

Now I am worried if NSC send me any ref about my employment status.
Rd:9/11/01, Nd:10/16/01 Ead/Ap:11/01 Fp:9/17/02

Your valuable advice is appreciated.
:(
 
Last edited by a moderator:
since you have crossed 180 days

I think you are ok just move into some other co. this is my understanding that you can move after 180 days.
 
Sekhara

Working on W-2 will not help. You need to have a job letter offering simialr full time perm job either from the same co. (unlikely though) or from other co. otherwise your 485 will be in trouble.
 
Responses

For nandu22 -

As long as 180 days have passed since your I-485 RD and you are still employed in a similar postion with any company (not necessarily your sponsor), your I-485 stays valid. Chapter 11 filing should not matter.
I have read on various lawyer websites that the I-485 is valid even if the employer revokes or withdraws the underlying I-140.
So as long as you are employed with somebody doing the stuff specified in your labour certification, and 180 days are past you should be OK.

For Sekhara -
Employment RFE's on pending I-485s are usually regarding continuous employment, which means that you should provide a letter of employment and a pay stubs over a period of time. If you cannot provide them, bhai is right, your I-485 could be in jeopardy.
 
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