URGENT! AOS interview with new employer while I-485 is pending for less than 180 days

[anamika34]

Hi there,

My I-485 was filed in Jun, 2018  through my previous employer but my new manager fired me with my last date of Sept 30th. I had found new job in same role and joined the new employer on Oct 1st with H1b transfer. Now my AOS interview  got scheduled by USCIS for Nov 1st  week, which is less than 180 days for pending I-485 (Dec 10th) .  Is there a way for me to explain USCIS my situation and get my green card approved during the interview ?  Will getting my interview postponed, so it crosses 180 days will help?

Please advise.

 

 

 

 

 

 

 

[care_candidate]

Interview can be postponed - you can apply for that.

Are you talking about 2 or 3 employers?

 

Employer A - Filed I-485 (June 2018). Manager changed - Got fired by Employer A

H1b transfer to Employer B

 

Nov 1 interview scheduled....?

 

What is the problem going for interview? Can you please mentions your country of birth, EB category. Did new employer file I-485-J?

[anamika34]

Employer A - Filed I-485 (June 13th 2018). Manager changed - Got fired by Employer A

H1b transfer to Employer B and Joind new employer on Oct 1st

AOS interview scheduled with USCIS on Nov 8th 

Since the interview is before i-485 was pending for less than 180 days of filing and i had to change employer before 180 days  was complete with previous employer. Should I postpone the interview ,so that it is after 180 days of AOS filing.

Immigration attorney from the new employer  Bis not filing 485-j since 180 days has not completed for the AOS filing of employer A. They are rather restarting the whole green card process  again.

Country of Citizen: India

EB 2 category

[pontevecchio]

Please get a Lawyer involved to guide you.

[care_candidate]

14 hours ago, anamika34 said:

Employer A - Filed I-485 (June 13th 2018). Manager changed - Got fired by Employer A

H1b transfer to Employer B and Joind new employer on Oct 1st

AOS interview scheduled with USCIS on Nov 8th 

Since the interview is before i-485 was pending for less than 180 days of filing and i had to change employer before 180 days  was complete with previous employer. Should I postpone the interview ,so that it is after 180 days of AOS filing.

Immigration attorney from the new employer  Bis not filing 485-j since 180 days has not completed for the AOS filing of employer A. They are rather restarting the whole green card process  again.

Country of Citizen: India

EB 2 category

@anamika34

Since you changed job before getting EAD (that requires 180 days after submitting I-485), your new employer has to start green card process from scratch. Contact an attorney immediately.

[anamika34]

Employ

4 hours ago, care_candidate said:

@anamika34

Since you changed job before getting EAD (that requires 180 days after submitting I-485), your new employer has to start green card process from scratch. Contact an attorney immediately.

 

4 hours ago, care_candidate said:

@anamika34

Since you changed job before getting EAD (that requires 180 days after submitting I-485), your new employer has to start green card process from scratch. Contact an attorney immediately.

er A - Filed I-485 (June 13th 2018). Manager changed - Got fired by Employer A

H1b transfer to Employer B and Joind new employer on Oct 1st

AOS interview scheduled with USCIS on Nov 8th 

Since the interview is before i-485 was pending for less than 180 days of filing and i had to change employer before 180 days  was complete with previous employer. Should I postpone the interview ,so that it is after 180 days of AOS filing.

Immigration attorney from the new employer  Bis not filing 485-j since 180 days has not completed for the AOS filing of employer A. They are rather restarting the whole green card process  again.

Country of Citizen: India

EB 2 category

[anamika34]

I got my EAD/AP card 2 weeks ago. 

Question 1: Since pending AOS is less than 180 days , can my new employer not file 485J to my this case? Can I convince my new employer to file 485J ?

Question 2: Will get the interview postpone ,so that interview happens after 180 days have crossed help?

Question 3:  Will hiring lawyer  help my current AOS? How? Who do I contact to hire a lawyer for my case? Will s/he be able to accompany me for the interview in Seattle? 

 

 

[pontevecchio]

They do not need to be with you. Call the firm of Murthy and tell them you want to get in touch with a Lawyer as a matter of urgency. It will most likely mean a new GC filing retaining the PD. But you never know what can happen.

[care_candidate]

18 hours ago, anamika34 said:

I got my EAD/AP card 2 weeks ago. 

Question 1: Since pending AOS is less than 180 days , can my new employer not file 485J to my this case? Can I convince my new employer to file 485J ?

Question 2: Will get the interview postpone ,so that interview happens after 180 days have crossed help?

Question 3:  Will hiring lawyer  help my current AOS? How? Who do I contact to hire a lawyer for my case? Will s/he be able to accompany me for the interview in Seattle? 

 

 

1. I-485J can only be filed 180 days after receipt date of I-485. You can see that here https://www.uscis.gov/i-485supj

2. You can take infopass appointment and explain your case to postpone interview. There is an obvious risk that as during infopass discussion, they would know that you did not have job before getting EAD, you become out-of-status, unless you are still officially on valid H1b.

3. Hiring attorney always helps. They know many minute thing and aware of constant changes in the system. They do accompany (with extra fee) with you during interview too but you need to know all the details before going for it. Only hired attorney can tell you if it is worth going through interview or there are any other ways to help you.

You should know what kind of situation you are in right now. Best case scenario is that they keep you on status and approve green card with routine process. Mediocre scenario is when they still keep you on status but you need to start from scratch with new employer. Worst case you are out of status or anything else. You just need to know asap you fit in. Only advice is that you should not waste a single day and hire good attorney.

[anamika34]

I have job with new employer before I received EAD. New Employer B had filed my H!b transfer back in July 2018 with premium , which had RFE. Finally was approved in Sept 2018. My last day with Previous employer and First day with New employer was Oct 1st 2018. So i have not been out of job or out of H1b for single day. I have not used EAD. But I did receive EAD on Oct first week.  

 

I have consultation phone call with an immigration attorney today. 

[aeimei]

Hi, I am in almost similar situation, can you please update regarding were you able to postpone interview? if not how did the interview went?