My I-140 got approved and my company just filed Bankruptcy under Chapter 7. Can I still apply for I-485 ? This is EB1C case

Asked over 1 year ago - New York, NY

I do have another job from another company. Please advise what possibilities do I have.

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . You cannot apply for adjustment of status under EB1-3 unless you continue to work as a manager or executive for an affiliated company. If you continue to work for your present company for the time being, file your I-485, and you may be able to adjust your status or change jobs at a later date.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Umit Mike Gursoy


    Contributor Level 10

    Answered . More facts are needed. However, ordinarily when a company files a Chapter 7 petition the company ceases to do business. More fact specific details are needed. Consult an attorney.

  3. Kevin Lawrence Dixler


    Contributor Level 20


    Lawyer agrees

    Answered . It will depend upon whether the job is "substantially similar" to the original job offer if you already filed the I-485 and work for your previous employer for 180 days. if not, then an EB1 is usually granted based upon your qualifications. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney to discuss all visa options.

    It is unclear whether other, as yet, undisclosed facts may help you obtain lawful permanent resident status. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

24,274 answers this week

2,759 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary