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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1  
Old 06-17-2010, 12:21 AM
vivache vivache is offline
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Default Can 485 be cancelled?

Company A filed for my GC. In 2007 since everything got current, I could get my EAD.
I left Company A in 2008 and started working on an EAD.

Today a friend mentioned that my 485 could be cancelled by company A.
Is this possible?
I see my 485 status online and it doesn't say anything about being cancelled.

1. Can a 485 be cancelled
2. If any RFE raised will I be informed or the company who filed or the lawyer who filed.

Thanks
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  #2  
Old 06-17-2010, 12:59 AM
anilsal anilsal is offline
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Default Please have a look at the IV wiki

there are entries hinting that:
  • You are safe to switch employers once you have finished 180 days on your 485 application (after 140 approval).
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  #3  
Old 06-17-2010, 07:54 AM
glus glus is offline
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Default

Quote:
Originally Posted by vivache View Post
Company A filed for my GC. In 2007 since everything got current, I could get my EAD.
I left Company A in 2008 and started working on an EAD.

Today a friend mentioned that my 485 could be cancelled by company A.
Is this possible?
I see my 485 status online and it doesn't say anything about being cancelled.

1. Can a 485 be cancelled
2. If any RFE raised will I be informed or the company who filed or the lawyer who filed.

Thanks
hi there,
Generally speaking, an employer can't withdraw or cancel I485. I485 is filed and signed by you and it is your petition. At best, the employer can withdraw underlying I-140. But as long as the I140 is approved and 180days have past since you filed your I-485, that has no impact on your I-485 as your priority date is still retained by you.
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  #4  
Old 06-17-2010, 01:22 PM
vivache vivache is offline
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vivache has a spectacular aura about vivache has a spectacular aura about vivache has a spectacular aura about
Default

Thanks Anil
Does this mean .. if any inquiry for 485 .. it will directly come to me?
and not to the lawyer who filed?
Or Company who filed?
pls confirm

Thanks for the quick response !!
V
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  #5  
Old 06-17-2010, 01:41 PM
MCQ MCQ is offline
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Default Get a new Lawyer....

Vivache - if you have changed jobs and are working on EAD and it's after 180 days since you filed the I-485 AND your I-140 is approved - you should have little to worry about.

I say should - as nothing in this broken system is ever perfect.
However, I would do the following, it is what I did when I switched jobs
1. Get your own lawyer
2. Have them file a G-28 with the USCIS, telling them that he/she now represents you and to disregard previous G-28 filed by company lawyer.
3. Have your new lawyer contact your old lawyer to inform them of the same fact, and that as a professional courtesy, to forward any correspondance received with the USCIS AFTER the date the G-28 was filed.

This will safeguard you, but may cost you a little money, as you now have someone working for you, representing only you and not your company as well. Technically - up until the I-485 is filed, the lawyer really only represents the Company as that's who is paying the bill.

In the unfortunate case that your old lawyer does not forward anything they receive after the new lawyer is onboard, like say an RFE, and anything goes wrong - you might, I say might, have good cause for a motion to reopen due to USCIS not properly informing your new attorney of record. In other words the typical kind of beuarocratic screw up we see in any large organisation when a piece of paper is sent.

With your new lawyer - make sure everything is documented and that any paperwork sent by him to USCIS (or you send) is recorded delivery - you need that paper trail in case anything goes wrong.

Hope that helps
McQ
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  #6  
Old 06-18-2010, 02:09 PM
vivache vivache is offline
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vivache has a spectacular aura about vivache has a spectacular aura about vivache has a spectacular aura about
Default

Thanks for the detailed answer.
Already did this.
The lawyer also suggested getting a Prevailing Wage application done, to be on the safe side
Cheers
V
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