Filing for I-485 - in doubt

[bharadw]

I have an approved 140 from my old employer. It was a desi IT consulting company. Unfortunately they are not in business for last few months (no one on their payroll).

I heard employer had some issues with DOL and IRS etc .. but I know for sure they paid everyone and settled all issues before they reduced all employees.

Now my date is current .. I know that GC is based on future employment etc .. so question is if my employer agrees and I file for 485 .. what are the probabilities.

1. So now if I file for 485 with them and its rejected do I lose my PD?

2. I know usually you get EAD in couple months. If everything goes well till then and I switch to old employer and if eventually 485 is rejected whats my status ?

3. and again last question. If I decide to stay with my current employer (big American firm) and wait for what happens with 485 .. In case its rejected any effects on my current H1B ?

I think my gamble is on losing PD. Not sure its worth or wait till american firm applies for PERM .. which will take atleast an yr and dates may retrograde :( .. Confused

[JoeF]

The employer has to be able to pay the salary as listed in the LC. It doesn't look as if this particular employer is able to do that.

So, an I-485 is likely to get denied with ability to pay issues.

If you want to go with the new employer, everything has to start from scratch, but you can reuse the PD.

[Belle]

Seems like you finally have a good thing going, and you want to throw it all out to get to apply for your green card a year earlier? If the job does not exist, it will be fraud to file I-485. The USCIS may leave you off the hook, or they may decide that they have had enough consultant fraud, and put you in removal procedings for willful misrepresentaion. Maybe they won't be able to get you deported at the end, but trust me, it won't be pleasant to fight back this charge. They probably will let you keep the PD, though.