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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 07-18-2007, 01:22 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 123
mambarg is an unknown quantity at this point
Default Can a Attorney jeopardize 485 app

I am worried that If company goes out of business in few months, my attorney will inform INS and assuming INS receives this letter and revokes 140. what more can he do ?
I am worried that I got attorney's help instead of filing 485 on my own.
Can attorney send letter to withdraw 485 ? if company goes out of business ?

We submitted employment letter with 485 .
Would they want to verify again at later stage in 485 ?
At what stage they want a proof that the job is still available ?
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  #2 (permalink)  
Old 07-18-2007, 01:36 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 205
vinabath is on a distinguished road
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I am worried that If company goes out of business in few months, my attorney will inform INS and assuming INS receives this letter and revokes 140. what more can he do ?
No they do not do that. Thats not attorney's job to take actions without employer's request. So dont worry.
I am worried that I got attorney's help instead of filing 485 on my own.
Can attorney send letter to withdraw 485 ? if company goes out of business ?
No its not attorney's job. How would attorney know that your employer ran out of business? So dont worry again.

We submitted employment letter with 485 .
Would they want to verify again at later stage in 485 ?Yes they might. But I dont think they are going to do that in next 6 months. So if you have applied recently dont expect some one is going to ask for your proof of employment. Ayways after 180 days you are free with AC21 that you can work any other employer.
At what stage they want a proof that the job is still available ?
I dont know at what stage they are going to ask.But with the new heavy backlog it might take atleast 6 months.
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  #3 (permalink)  
Old 07-18-2007, 01:43 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 123
mambarg is an unknown quantity at this point
Default

The Attorney is Company's attorney and definitely company will inform Attorney to do whatever is correct. They did this when they laid off H1b employees.
Company informed attorney. Attorney sent letter to INS in their format to cancel H1 as all companies by law have to report to INS when employment terminates from either side.
Can they do this to a approved 140. I mean revoke a approved 140 ?

But if 485 has crossed few months i.e finger printing etc, then at what stage will they check for a revoked 140 ?
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  #4 (permalink)  
Old 07-18-2007, 02:04 PM
Senior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
10/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: May 2006
Posts: 298
eager_immi is on a distinguished road
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Depends on your relationship with the company. Most likely they will not bother since they have too many things to worry about, if you have a good relationship work out a deal with them.
Quote:
Originally Posted by mambarg
The Attorney is Company's attorney and definitely company will inform Attorney to do whatever is correct. They did this when they laid off H1b employees.
Company informed attorney. Attorney sent letter to INS in their format to cancel H1 as all companies by law have to report to INS when employment terminates from either side.
Can they do this to a approved 140. I mean revoke a approved 140 ?

But if 485 has crossed few months i.e finger printing etc, then at what stage will they check for a revoked 140 ?
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  #5 (permalink)  
Old 07-18-2007, 02:55 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 205
vinabath is on a distinguished road
Default

The Attorney is Company's attorney and definitely company will inform Attorney to do whatever is correct. They did this when they laid off H1b employees.
Company informed attorney. Attorney sent letter to INS in their format to cancel H1 as all companies by law have to report to INS when employment terminates from either side.
Can they do this to a approved 140. I mean revoke a approved 140 ?
If the employer says revoke the 140. Attorney will ask the INS to revoke. So convince your employer not to do that for 180 days or less depending on when you applied for 485. After 180 days it does not matter if your 140 is revoked or not. I am guessing INS will give atleast 180 before they check for your 140. But please spend 150 dollars to talk to an attorney. They are the best to help you in this situation.

But if 485 has crossed few months i.e finger printing etc, then at what stage will they check for a revoked 140 ?
see above.
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