Can I do my own EB I-485?

Old Jan 28th 2001, 3:58 pm
  #1  
dying_for_GC
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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 (using my own lawyer) without their involvement?

If 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.
 
Old Jan 29th 2001, 5:05 am
  #2  
Alistair Bell
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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
> (using my own lawyer) without their involvement?
>
> If 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).

In order to get I-485 approved, the job must still be open to you.

But there's another possibility: join the company and get them to file I-485. If, six
months after you file, you don't want to stay, you now have a right to leave that company
without prejudice to your Green Card, providing you continue working in "the same or a
related field".

So you could even rejoin them with the thought that you'll only stay for six months
(although you probably shouldn't tell anyone that you're only planning to stay for six
months )

--
Alistair

*IMPORTANT NOTE* I am not a lawyer and do not dispense legal advice. For accurate
information, always consult a good immigration attorney.
 

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