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I-485 pending less than 180 days, company shutting down

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  • I-485 pending less than 180 days, company shutting down

    Here is my situation

    I-485 pending less than 180 days (pending for 3 months),
    EAD received,
    H1B valid for 2 more years
    Company shutting down in few weeks.

    1. Can I change employer B based on h1b transfer (not using the AC21 or EAD) without affecting my I-485 application?
    2. Can I Apply AC21 with employer B after I-485 pending for 180 days ?

    Thanks
    Any input appreciated, as it will help a lot in planning

  • #2
    found these question in the following link, but they dont answer what happens when the company A shuts down. Can the GC application still be ported?



    Question 10. Should service centers or district offices deny portability cases on the sole
    basis that the alien has left his or her employment with the I-140 petitioner prior to the
    I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective
    employment. Since there is no requirement that the alien have ever been employed by the petitioner
    while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-
    485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all
    cases an offer of employment must have been bona fide. This means that, as of the time the I-140
    was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have
    had the intent to employ the beneficiary, and the alien must have intended to undertake the
    employment, upon adjustment. Adjudicators should not presume absence of such intent and may
    take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be appropriate.

    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
    that was submitted after an I-485 has been pending for 180 days.

    Comment


    • #3
      hi north.cartman007
      what was your status after 6 month. are you able to do AC21 ?

      Comment

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