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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

New York, NY |

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

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Attorney answers 3


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.


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)
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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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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.