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I485, Company going out of business?

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I485, Company going out of business?

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Old Mar 24th 2001, 7:15 am
  #1  
Pero
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Hi, everyone. I filed I485 four months ago. My sponsorship company is in bad
financial situation, and I am afraid that I might loose my job. Hopefully, INS will
publish new regulation under which I will be able to switch my employer in two months
(that is if my company makes it that long).

My questions are:
1. Will I need approved EAD in order to change a job at that stage, or I can start
working as soon as apply for one? I am asking because EAD in takes more than 3
months in VSC, and I still didn't apply for it.

2. What are the chances that my I485 will be rejected anyway (even if I make it for
another two months) because of bad financial situation and possible bankruptcy of
my sponsorship company?

Thanks for any answer.
 
Old Mar 26th 2001, 3:16 am
  #2  
Barbara
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The regulation is already approved, but you are right - you can switch only in 183
days after you've filed your I485. I think the I485 stage is not about your company,
so it's unlikely that you'll be rejected. From what I've heard, it takes 3 to 6
months to get invited for finger prints. -b

Pero wrote:
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Old Mar 26th 2001, 5:16 am
  #3  
John Jiang
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Where can I find the regulation. THX

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--
Regards, --John Jiang ESN 444 8344
(972) 684-8344
 
Old Mar 26th 2001, 10:06 am
  #4  
Sylvia Ottemoeller
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John Jiang wrote:

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A law has been passed, but regulations have not yet been issued. This makes it risky
for I-485 applicants to take advantage of the provision. Your case seems so urgent
that the risk may be worth it.

See http://www.shusterman.com/s2045txt.html, section
106(c).

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The EAD must be approved for you to go on the payroll of a company, unless
that company previously obtained H-1B status for you (or some other temporary
work status).

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INS may approved your I-485 without checking whether the job offer still exists.
However, if you cease being employed by the company before the I-485 is approved, you
will be in a risky position with respect to future benefits you seek from INS, even
entering the U.S. after a trip abroad.
 

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