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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 11-22-2011, 02:14 PM
Soltan Soltan is offline
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Question Complex situation - Apply for I-485 and change employers in less than 180 days.

I am applying for my I-485 with my current employer but within a matter of weeks I have to switch jobs to a new employer (on H1b visa). The reason for switching is a very probable impending lay off (its pretty evident as other employees are getting laid off).

Now my questions are
1) Given that my current employer does not cancel my I-140 application - what are chances of this I-485 being approved?

2) Also, is it advisable to start Green card process (perm, I140..) with my new employer given the iffy situation of the current I-485? If so, down the line is it ok to apply for another I-485 using the I1-40 from my future employer.

I am hoping someone will shed some light on my situation. I have not had much success in understanding this even after reading several threads.
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  #2  
Old 11-22-2011, 07:36 PM
vbkris77 vbkris77 is offline
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Default My take

Pls. consult a good attorney, but here is my thought.

If you employer doesn't cancel I140, then you are safe to file I-485 while you are working with an intent to work for that employer. Even after you get a GC, if things change materially, then you are fine to take a different employment.

If your employer cancels I140, the whole thing falls apart. You need a new PERM and I140. Then you can retain your old PD.



Quote:
Originally Posted by Soltan View Post
I am applying for my I-485 with my current employer but within a matter of weeks I have to switch jobs to a new employer (on H1b visa). The reason for switching is a very probable impending lay off (its pretty evident as other employees are getting laid off).

Now my questions are
1) Given that my current employer does not cancel my I-140 application - what are chances of this I-485 being approved?

2) Also, is it advisable to start Green card process (perm, I140..) with my new employer given the iffy situation of the current I-485? If so, down the line is it ok to apply for another I-485 using the I1-40 from my future employer.

I am hoping someone will shed some light on my situation. I have not had much success in understanding this even after reading several threads.
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  #3  
Old 11-26-2011, 07:04 PM
Soltan Soltan is offline
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Default

Quote:
Originally Posted by vbkris77 View Post
Pls. consult a good attorney, but here is my thought.

If you employer doesn't cancel I140, then you are safe to file I-485 while you are working with an intent to work for that employer. Even after you get a GC, if things change materially, then you are fine to take a different employment.

If your employer cancels I140, the whole thing falls apart. You need a new PERM and I140. Then you can retain your old PD.
Thanks vbkris77. I am pretty confident that my employer will not cancel my I-140. In this situation is it a wise decision to apply for I-485? I mean, is it going to cause issues down the line with USCIS coming back and saying you did not stay with your employer for 180 days. I am in a lot of confusion around this 180 days rule.

Or is it just better to forget about applying 485 now, get my new employer after I join to go through perm and I140 and then I apply for 485.

Please advice!
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  #4  
Old 11-27-2011, 03:18 AM
permfiling permfiling is offline
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Default update your profile

Quote:
Originally Posted by Soltan View Post
Thanks vbkris77. I am pretty confident that my employer will not cancel my I-140. In this situation is it a wise decision to apply for I-485? I mean, is it going to cause issues down the line with USCIS coming back and saying you did not stay with your employer for 180 days. I am in a lot of confusion around this 180 days rule.

Or is it just better to forget about applying 485 now, get my new employer after I join to go through perm and I140 and then I apply for 485.

Please advice!
Please update your profile with the relevant details.
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  #5  
Old 11-28-2011, 03:29 PM
ivarz ivarz is offline
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Default

Quote:
Originally Posted by Soltan View Post
Thanks vbkris77. I am pretty confident that my employer will not cancel my I-140. In this situation is it a wise decision to apply for I-485? I mean, is it going to cause issues down the line with USCIS coming back and saying you did not stay with your employer for 180 days. I am in a lot of confusion around this 180 days rule.

Or is it just better to forget about applying 485 now, get my new employer after I join to go through perm and I140 and then I apply for 485.

Please advice!
Hi Soltan, Did you find anything on this? I researched a bit on the 180 day rule. I think it is ok if you are past 180 days but it is a grey area for everyone before that. I will try to speak to company attorney next week about this. Meanwhile, please post whatever u find.
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  #6  
Old 11-28-2011, 05:55 PM
GC_1000Watt GC_1000Watt is offline
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Default

Quote:
Originally Posted by Soltan View Post
I am applying for my I-485 with my current employer but within a matter of weeks I have to switch jobs to a new employer (on H1b visa). The reason for switching is a very probable impending lay off (its pretty evident as other employees are getting laid off).

Now my questions are
1) Given that my current employer does not cancel my I-140 application - what are chances of this I-485 being approved?

2) Also, is it advisable to start Green card process (perm, I140..) with my new employer given the iffy situation of the current I-485? If so, down the line is it ok to apply for another I-485 using the I1-40 from my future employer.

I am hoping someone will shed some light on my situation. I have not had much success in understanding this even after reading several threads.
Have you found any views on this issue? In my consultation with an attorney this is very much possible, but USCIS will definitely look into your case with a lot more attention.
They will suspect about your intentions and will probably send an RFE too.
The drawback in this case as I was told that in case if USCIS denies 485 and subsequently revokes I-140 then you will pretty much lose your old PD. And USCIS can do anything and all to make our lives miserable.
Please consult with an experienced attorney.
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  #7  
Old 11-30-2011, 03:12 PM
permfiling permfiling is offline
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08/02/2010
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Posts: 305
permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute
Default No guarantees that employer won't withdraw I-140

Quote:
Originally Posted by GC_1000Watt View Post
Have you found any views on this issue? In my consultation with an attorney this is very much possible, but USCIS will definitely look into your case with a lot more attention.
They will suspect about your intentions and will probably send an RFE too.
The drawback in this case as I was told that in case if USCIS denies 485 and subsequently revokes I-140 then you will pretty much lose your old PD. And USCIS can do anything and all to make our lives miserable.
Please consult with an experienced attorney.
There is no guarantee that the employer does not withdraw I-140 as one of my friends company got acquired and the succesor company put a condition that they don't want to deals with visas and immigration so the acquired company had to layoff visa holders and who are in the immigration process as bottom line CEO and the the executives don't care the genuine conerns of few when their pay check is at risk.

if the company is in the process of laying off ppl in the team i don't think they will support your 485 as well as the company need to pay to the law firm
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  #8  
Old 12-13-2011, 02:25 AM
Flux36 Flux36 is offline
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That was so great! Thanks for you article.
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