Can I file two I140s with two different employers (one current & one future)

Kumarash

Registered Users (C)
Hi all!!!

My company filed for labor cert in July 2002 and till date my approval has not come through. I am in my 6th year of H1b. In order to play safe I found another job offer for a future job with a new company. They filed my labor cert through PERM in Feb 2006. If the labor cert come through before my current company's labor, I would immediately file for I140. However, Since I am effected by the retrogression so I think its better if I keep my labor cert from my current company running due to older PD.

My question is: If my older labor cert gets approved at a later date Would that effect the filing of I140 through the future company? Its possible In other words can I still file two I140s from two different companies or do I have to give up one of them.

Also I wish to keep my employment with my current employer because of the salary & benefits. Will I be able to continue with them after my EAD is approved from the future employer? ( assuming I file for I-1485,AP & EAD based on future employer). In other words, can I keep my current job while my GC process is running with the future employer based on the future company's EAD or GC?

Your answer is highly appreciated!! Thanks!
 
To the best of my knowledge - you CAN file for and maintain 2 dif I140s based on 2 dif LCs from 2 dif employers. Actually, that's what I'm doing myself - I have an approved I140 (in the EB3 cattegory) and due to the horrific retogression there I got a new LC throu a dif employer and am now applying for a new I140 in EB2. Lawyer says there's no problem with that. Good-Luck!
 
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thanks!

Thanks Very much!

I did find out from my attorney that I can file two I140s. I just filed a new EB2 PERM application in Feb 2006 after waiting forever on my first Labor cert applied way back in July 2002 and 45 day letter replied in janury 2005 under EB3 in TExas. I have basically given up on my first application and I am so frustrated with my company/lawyer's attitude that they are not even willing to enquire with the DOL. they still think I am not 'abnormally' delayed.

Good luck with your I140

Kumarash
 
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