485 finally got applied, but do we need to file 140 as well?

N

nkimmigration

Registered Users (C)
Hello Guru's,

I have an approved I 140 from MA, then I was moved by the same company to GA. After coming to GA, they applied for a new labor and recently it got approved. Now just yesterday, since all the dates were current they applied for my 485.

But, all along legal was saying that once this GA labor was approved we will have to apply for a new I140 (and 485 if the dates were current). And now they are saying that is not true, and that they can use the same I140 which was approved for my previous labor approved from MA.

This is giving me a lot of grief and confusion. Can someone please comment.

Not that I am complaining if it is true, but what if it isn't. What if the lawyer screwed up and I will be left with more grief because after Aug 17, GOD knows when the dates will become current again!!


Appreciate your feedback.

Thank you,
-nkimmigration..
 
Last edited by a moderator:
nkimmigration said:
Hello Guru's,

I have an approved I 140 from MA, then I was moved by the same company to GA. After coming to GA, they applied for a new labor and recently it got approved. Now just yesterday, since all the dates were current they applied for my 485.

But, all along legal was saying that once this GA labor was approved we will have to apply for a new I140 (and 485 if the dates were current).


And now they are saying that is not true, and that they can use the same I140 which was approved for my previous labor approved from MA.
---------------that is correct
This is giving me a lot of grief and confusion. Can someone please comment.

Not that I am complaining if it is true, but what if it isn't. What if the lawyer screwed up and I will be left with more grief because after Aug 17, GOD knows when the dates will become current again!!


Appreciate your feedback.

Thank you,
-nkimmigration..
Click to expand...

if the I-140 was approved for the comany A and company A gave you job offer letter to be filed with I-485 then you are OK
 
Thank you Ginnu,

Yes, it is the same company. I started working for this company in MA more then 6 years back. While in MA they did my LC, and then applied for 140. By the time the 140 was cleared, I was moved to GA. Now after coming to GA, they filed a new labor here. After a long wait (thanks to BEC), finally got this labor approved last month.

Now when the lawyer (legal) filed the 485, I was under the impression that they would file parellel 140 and 485, at the same time since I had the approved 140 from MA, claim the priority date from the same.

But it seems like they din't do that. They just filed 485, using this prior 140... which was approved for a labor that was from MA.

Please please if you or anyone can comment on what should be my next steps... I would greatly appreciate it.

I spoke with the legal yesterday, and accordingly they are saying they are going to file a new 140 based on the newly approved labor from GA. And then once that comes through, they can substitute (or something to that effect)... on the 485 application. I am not too clear.

Please advice.

Thank you.
 
nkimmigration said:
I spoke with the legal yesterday, and accordingly they are saying they are going to file a new 140 based on the newly approved labor from GA. And then once that comes through, they can substitute (or something to that effect)... on the 485 application.
Click to expand...

That's the best way to do it.
 
Thank you Canadian.

Just spoke with the legal again. Now the thought is that they are going to file for a new 140 based on the labor approval from GA. Once they get the receipt, they are going to send the receipt to be tagged (or something to that effect...) with the 485.

Am so confused, any thoughts?

Thanks,
 
nkimmigration said:
Hello Guru's,

I have an approved I 140 from MA, then I was moved by the same company to GA. After coming to GA, they applied for a new labor and recently it got approved. Now just yesterday, since all the dates were current they applied for my 485.

But, all along legal was saying that once this GA labor was approved we will have to apply for a new I140 (and 485 if the dates were current). And now they are saying that is not true, and that they can use the same I140 which was approved for my previous labor approved from MA.

This is giving me a lot of grief and confusion. Can someone please comment.

Not that I am complaining if it is true, but what if it isn't. What if the lawyer screwed up and I will be left with more grief because after Aug 17, GOD knows when the dates will become current again!!


Appreciate your feedback.

Thank you,
-nkimmigration..
Click to expand...
There is no need to do a new I-140.
Alternatively you can send AC21 letter after 180 days of I-485 receipt date!
 
Dallas03096 said:
There is no need to do a new I-140. Alternatively you can send AC21 letter after 180 days of I-485 receipt date!
Click to expand...

Here's the problem - USCIS could turn around and state that the company, when the I-140 and I-485 was filed, never had any intention of hiring the alien in MA. The I-140 is good insurance.

So long as the company is paying the filing/legal fees, I can't see the downside to this.
 
Now the legal are coming up with reasons, and delaying the application of I140. What if they file the 140 after the 17th august deadline. Am I still saved?

Thank you very much for your thoughts,
 
TheRealCanadian said:
Sure. You don't need a current PD to file an I-140.
Click to expand...

Thank you very much Canadian. Appreciate your input. So, once the 140 is filed, what would be my next steps. I mean as the legal suggests, is it fine if they send the 140 receipt notice to the 485 folk. And then do the 485 folk keep the 140 receipt with the 485. And everything should be alright there after?

Also am new to the 485 and 140. What are the things I definitely should be doing (like tracking...) while these applications are in process.

Thanks again your input is greatly appreciated.
 
one thing I didn't understand. How can the new company file 485 without 140. 485 should have a basis like an immigrant petition. If they are basing it on the previous company then they should use the previous company's job offer letter. they can file the 485 with the old 140 only if the new company is a sister concern of the old one.
I would have applied new 140 with new labor concurrently with 485.

Just one clarification. If it is the same company's which has one office in GA. Then you should be fine with the old 140

Not a legal advise. just a friendly concern.
 
After the long calm, and continues persuasion here is what I gather from the legal.
- They are still in the process of filing the I 140.
- When they filed the 485, they sent it to Nebraska service center.

Now here is my dilemma. The 485 they have filed, is based off of the 140 which was cleared for the labor filed for a job location (same company) in MA.So the 485 would probably get routed to the Texas service center. Now they are planning to file the 140 for the labor approved for job location in GA( again Texas service center). So, what is going to happen. When USCIS starts (if and when) to take a look at the 485 filing, do they consider me as employed (or future employed????) in MA. And if so, when they see that there is a 140 being filed for a job location in GA... what happens????

Please if someone can shed some light..

Thanks,
 
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