dying_for_GC

Immigration experts,

I worked for Company A for 2 years. During that time, I got my LC and I-
140. After the I-140 was granted, I left Company A on good terms and joined Company B n
a different state, where I have been for the past year. Company B is not working
out, so I contacted Company A and asked if I could rejoin them and if they would
resume my GC aplication with the next stage (I-485). They said yes, and their
lawyer said yes, too.

After thinking about it, it seems reasonable - as long as they did not withdraw the I-140
petition or the LC (and they said they didn't), as far as the INS is concerned, it's just
another GC application. Where I am currently working is irrelevant, as long as they
haven't applied for an I-140 for me (and they haven't). Am I right?

Now some interesting options are going through my head. Company A says they won't start
the I-485 unless I join them. It's a big, risky, expensive move for my family and I. So...
can I put in the I-485 myself
(i.e. using my own lawyer) without their involvement?

If the answer is yes, and I then get the I-485 approved, as long as I then work for them
for 1 year I will be OK - right? Then I can stay here until I get the GC, and then move to
Company A (a consulting company that always needs good skill sets).

Will this idea work?

PLEASE help, I am going nuts trying to decide what to do. And yes, I know I am an idiot
for leaving so far into the process, but it seemed like a good idea at the time (I had
.com gold rush fever).

Thanks in advance for any help.

Ingo

:

>Immigration experts,
>
>I worked for Company A for 2 years. During that time, I got my LC and I-
> 140. After the I-140 was granted, I left Company A on good terms and joined Company B n
> a different state, where I have been for the past year. Company B is not working
> out, so I contacted Company A and asked if I could rejoin them and if they would
> resume my GC aplication with the next stage (I-485). They said yes, and their
> lawyer said yes, too.
>
>After thinking about it, it seems reasonable - as long as they did not withdraw the I-140
>petition or the LC (and they said they didn't), as far as the INS is concerned, it's just
>another GC application. Where I am currently working is irrelevant, as long as they
>haven't applied for an I-140 for me (and they haven't). Am I right?
>
>Now some interesting options are going through my head. Company A says they won't start
>the I-485 unless I join them. It's a big, risky, expensive move for my family and I.
>So... can I put in the I-485 myself
>(i.e. using my own lawyer) without their involvement?

Yes, no problem. Given the scenario you describe, you can reasonably assume that you will
indeed be working for A after the I-485 is approved. You will need the original I-140
approval from company A if you don't already have it, and may need other paperwork - your
own lawyer should guide you on that.

>If the answer is yes, and I then get the I-485 approved, as long as I then work for them
>for 1 year I will be OK - right? Then I can stay here until I get the GC, and then move
>to Company A (a consulting company that always needs good skill sets).
>
>Will this idea work?
>
>PLEASE help, I am going nuts trying to decide what to do. And yes, I know I am an idiot
>for leaving so far into the process, but it seemed like a good idea at the time (I had
>.com gold rush fever).
>
>Thanks in advance for any help.
>
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).

dying_for_GC

> >Immigration experts,
> >
> >I worked for Company A for 2 years. During that time, I got my LC
and I-
> > 140. After the I-140 was granted, I left Company A on good terms and joined Company B
> > n a different state, where I have been for the past year. Company B is not
> > working out, so I contacted Company A and
asked
> >if I could rejoin them and if they would resume my GC aplication with the next stage
> >(I-485). They said yes, and their lawyer said yes,
too.
> >
> >After thinking about it, it seems reasonable - as long as they did
not
> >withdraw the I-140 petition or the LC (and they said they didn't), as far as the INS is
> >concerned, it's just another GC application. Where
I
> >am currently working is irrelevant, as long as they haven't applied
for
> >an I-140 for me (and they haven't). Am I right?
> >
> >Now some interesting options are going through my head. Company A
says
> >they won't start the I-485 unless I join them. It's a big, risky, expensive move for my
> >family and I. So... can I put in the I-485
myself
> >(i.e. using my own lawyer) without their involvement?
>
> Yes, no problem. Given the scenario you describe, you can reasonably assume that you
> will indeed be working for A after the I-485 is approved. You will need the original
> I-140 approval from company A if you don't already have it, and may need other paperwork
> - your own lawyer should guide you on that.
>
> >If the answer is yes, and I then get the I-485 approved, as long as I then work for
> >them for 1 year I will be OK - right? Then I can stay here until I get the GC, and then
> >move to Company A (a consulting company that always needs good skill sets).
> >
> >Will this idea work?
> >
> >PLEASE help, I am going nuts trying to decide what to do. And yes, I know I am an idiot
> >for leaving so far into the process, but it seemed like a good idea at the time (I had
> >.com gold rush fever).
> >
> >Thanks in advance for any help.
> >
> >

>
> I am not a lawyer and this is not legal advice. For reliable advice, please consult with
> a professional immigration attorney.

Thanks, Ingo. Much appreciated.