Immigration Issues/I-140 Immigration


I worked for a company on L-1 and appiled for I-140. This was in 2001. The company was in a bad shape and it was best for me to find alternative employment, which I did. I am now in H1-B status. Shortly after leaving the first company, my I-140 was approved. I have copy.
Can I use this now to apply directly for I-485 ? even though the com,pany that petitiond is no longer is buisness ? I heard that the new law allows for a I-485 to be applied by the petioner, not the company ? Thanks  

There is a new portability rule but it only applies after the I-485 has been pending for 180 days.  It does not permit filing.  There may be some attorneys that would try to sneak it through but I will not, nor will I recommend that you do so.  You need to refile from the beginning.

Immigration Issues

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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