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I-140 and ability to work while filing for green card

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  • I-140 and ability to work while filing for green card

    I was hired by COMPANY X in 1999 and have been on an H1b since. In mid-2001, Labor was filed for my Green Card. In Feb 2002, COMPANY X ran into problems and laid everyone off. They sort of laid me off "temporarily" and kept my H1 alive. I was told that if I or they found a project for me, I could continue working and my I-140 could be filed. My H1 remained current through this time, but I also obtained unemployment benefits, which the company lawyer said would be alright (would not interfere with my H1 or GC).
    My labor was approved recently.
    Now I have found a project/client am about to start a contract with this new client, but COMPANY X seems closer to collapse/closing.

    1) At which point do I cease to need COMPANY X to continue my green card application? What if they close before they get to file my 485?

    2) Once my I-140 is filed, can I change companies and have the new company file my 485?

    3) Paystubs are required at some point in the green card process – which point? Will my lack of pay stubs/income for Feb-June 2002 be a problem if I have paystubs after that (July 2002 onward)? Can I just treat it as an extended unpaid leave (as my company has)?

    4) How long is it expected to take between the filing of the I-140 and the receipt of the green card?

    5) How long does the I-140 alone take to process (if it is filed now through Nebraska)?

    6) How much more difficult will it be to get the 485 approved if I change companies?

    7) When can I safely leave the country for vacation without fear of denial of entry?

    I thank you in advance for your kind, considerate and detailed responses to each of my questions.

  • #2
    I was hired by COMPANY X in 1999 and have been on an H1b since. In mid-2001, Labor was filed for my Green Card. In Feb 2002, COMPANY X ran into problems and laid everyone off. They sort of laid me off "temporarily" and kept my H1 alive. I was told that if I or they found a project for me, I could continue working and my I-140 could be filed. My H1 remained current through this time, but I also obtained unemployment benefits, which the company lawyer said would be alright (would not interfere with my H1 or GC).
    My labor was approved recently.
    Now I have found a project/client am about to start a contract with this new client, but COMPANY X seems closer to collapse/closing.

    1) At which point do I cease to need COMPANY X to continue my green card application? What if they close before they get to file my 485?

    2) Once my I-140 is filed, can I change companies and have the new company file my 485?

    3) Paystubs are required at some point in the green card process – which point? Will my lack of pay stubs/income for Feb-June 2002 be a problem if I have paystubs after that (July 2002 onward)? Can I just treat it as an extended unpaid leave (as my company has)?

    4) How long is it expected to take between the filing of the I-140 and the receipt of the green card?

    5) How long does the I-140 alone take to process (if it is filed now through Nebraska)?

    6) How much more difficult will it be to get the 485 approved if I change companies?

    7) When can I safely leave the country for vacation without fear of denial of entry?

    I thank you in advance for your kind, considerate and detailed responses to each of my questions.

    Comment


    • #3
      There is anomalous procedure from the start and therefore many of your questions are irrelavant.
      You cannot file for the I-140 & I-485 based on a non-existing company.There is an element of deception form the start.I believe this is not the way this game of legalization thru migration should work.

      Comment


      • #4
        Get a good lawyer.

        Comment


        • #5
          Thank you both for the input.

          well... the company still exists and the partners of this consultancy still work there, but if they don't get any projects in a few months, THEN they will cease to exist.

          So, since they are trying to revive the business (and if possible keep at least some of their talent) they want to try and keep my and some others' GC processes alive and the client/project on which i work next (very soon to start) will provide revenue for them and salary for me. So, I will really be working as an employee of COMPANY X as a consultant for the company asking me to do the project.


          So, while the process is anomalous, I don't think it really is deceptive. I will be doing the same kind of work, in the same manner, that I have been doing for the past 3 years as an employee of Co. X prior to its problems...

          Does anyone know the answers to the other questions in the original posting. For instance, when in the Green Card application process can one switch companies legally and continue the process from where it was left off?

          Comment


          • #6
            i see light better in your case now. as long as you can probably show proofs that you are receving salary,you have paystubs and have filed your taxes for the past 3 years and the company can back you up all the way, i see no reason why you will encounter problem.of course you need a lawyer on this complicated case of yours.best of luck.

            Comment


            • #7
              I may not be able to answer all the questions in your post but what I understand is that, during the I-140 processing, INS looks at the financial records of your company.
              If they feel that the company is on the verge of collapse (dwindling bank balances), then they might reject your 140 application stating that the company has "insufficient funds to pay your salary".
              Usually before sending out such a rejection, they will issue a query to your company further delaying their decision.
              It might be worth considering applying for green card parallely from your new company. In case your Company X 140 gets rejected after a year or so, you will still have something from your new company.

              Comment



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