L1A - 140 Approved, Company not applying i485 soon

[arkapil]

Hello,

 

I am on L1A visa currently (3 years completed). I got my i140 approved (EB1) in Aug 15, and company is delaying i485 filing until mid 2017. They are also holding i140. 

 

1) First of all, I would like to check if it is legal for a company to hold i485 for 2 years?

 

2) Is there  a way for me to get a copy of i140 and file i485 myself or through a future employer? (I cannot change job on L1)

 

3) If I file H1B and COS in Oct 2016, can I still continue the filing status as EB1?

 

Thanks

Kapil

[JoeF]

The I-485 is your application. You file it, always.

Of course, you need a copy of the I-140 approval notice.

[jairichi]

1. If it is company's policy you cannot do anything.

2. You can file  FOIA to get copy of I140. New employer has to start from scratch.

3. Yes, if current employer is interested to proceed with GC. 

[Attorney_15]

The problem with the I-485 is that besides needing a copy of the I-140 approval notice to show USCIS what the I-485 filing is based on, the bigger issue would be showing the job offer from the petitioner. One of the required pieces of evidence with the I-485 is a letter from the petitioner confirming their intention to employ you on becoming a Green Card holder. We have seen cases fall apart completely because someone filed without this letter. Furthermore in a case based on an EB1 category where there is a higher possibility of the I-485 getting approved less than 180 days, the law requires that the Green Card holder work in the job sponsored for. Someone who fails to do so and sneaks by, so to speak, can get caught by USCIS either because the petitioner tells USCIS or because one gets asked by USCIS. It is frustrating, definitely. The problem is that under the law, the Green Card is granted to work in the job offered and AC21 only kicks in if the I-485 is pending at 180 days and the evidence shows that the I-140 job existed during the first 180 days.

[arkapil]

Thank you all for responses, very helpful.

 

Hi jairichi,  If I apply for i-140 copy via FOIA, does my employer get any notification? They may raise concern if get to know about this.

My employer will not apply and will not let me apply as well until mid 2017.

 

Hi Attorney_15, if I get a new employer (other than original petitioner) willing to hire me and provide me letter, can I apply i-485, even when I am on L1 visa and not H1B. As GC is for future employment, I can join the new employer once I get the GC?

 

Thanks!

[jairichi]

Thank you all for responses, very helpful.

Hi jairichi, If I apply for i-140 copy via FOIA, does my employer get any notification? They may raise concern if get to know about this.

My employer will not apply and will not let me apply as well until mid 2017.

Hi Attorney_15, if I get a new employer (other than original petitioner) willing to hire me and provide me letter, can I apply i-485, even when I am on L1 visa and not H1B. As GC is for future employment, I can join the new employer once I get the GC?

Thanks!

Employer will not come to know about it.

New employer has to start your GC from beginning.