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Nepali 12345
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Posted on 08-01-07 11:23
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Hi immigration gurus, I am almost in this situation where I-485 is filed recently, but the company may shut down soon. I understand the portability rule of I-485. It has to be 180 days. I haven't even received my receipt yet. What happens in this senario? What if I change my job before 180 days by transferring my H1B?
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Nepali 12345
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Posted on 08-01-07 1:54
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No one? if they don't make decision before 180 days or don't send any RFE before 180 days, I can be safe. Otherwise, what can happen? What type of RFE do they ask in I485?
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nepalma
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Posted on 08-01-07 2:19
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Nepali12345, I have been through this situation 6 years ago. Company did shut down about 2 months after I applied I485. Luckily, I had received my EAD and was able to find similar job. My new company wrote a letter when I received RFE and all went well. It was then, I am not sure how it is now. My attorney was saying there is a grey area but it worked out fine for me. Make sure you discuss with a good attorney. Good luck..
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Nepali 12345
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Posted on 08-02-07 8:33
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anybody? i need help. Plz gimme some suggestion.
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Bhasmasur
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Posted on 08-02-07 9:41
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Transferring H1 to another employer will not save your I-485 petition filed with your current employer. You will have to start all over again from a new Labor Certification. all you can do is wait until it becomes 180 days that you have filed I-485 then find a similar job that your GC is petitiioned for and file for AC21 to switch to another company. Just pray that your company doesnt close down for another 6 months or so. The other option is to transfer H1b and start fresh with GC application.
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