Legal Question in Immigration Law in New Jersey

Re: Pending I-485 and Sponsoring Firm having Issues

Pursuant to the green card portability rules under AC21, since your I-140 has been approved and your I-485 has been pending for more than 180 days, you are portable. In other words, you may keep your green card viable by switching employers and working in a position that is similar to that set forth in your green card application. If you were to port, proper notice must be given to USCIS. Morevoer, we generally recommend maintaining H-1B status in the event that your I-485 is not approved for any reason.

As the above involves complex issues, we strongly recommend that you have a consultation with competent immigration counsel. Morevoer, you should not rely on email responses alone as a guide.

Please feel free to contact our office for a personal or phone consultation. We charge a fixed fee of $150 for a consultation. Also, please visit our web site at www.meyner.com.

Regards,

Scott R. Malyk

Re: Pending I485 and Sponsering Firm having Issues

You've asked a very complicated question that honestly should not be answered simply by email. Each employee may have different options and some may have no options at all if the company goes under. We would have to look at each case individually since no 2 fact patterns will be the same. For H-1 transfers sometimes what is written in the law may be given some leniency depending on circumstances, sometimes not. I-485 filers may have options to transfer their process to a new company if they meet the criteria. You can contact my office and we would at minimum conduct a preliminary consultation to get all the facts. Please do not rely on an email answer. This is your future and you do not want to cut corners.

Re: Pending I485 and Sponsering Firm having Issues

According to AC21, if more than 180 days passed after the I-140 approval and I-485 is pending, you can port to another employer who would be similarly situated, to work in a similar position, the pay though might differ. You have to advise the USCIS of the porting with the name of the new employer. In order to expedite the process you might submit a letter from the new employer with the latest pay stubs. It is up to you whether to transfer the H-1B and port or just to port. It does not make any difference. Do not forget that this is a theoretical conclusion based on law. The particular fact patterns might be different. Good Luck!