Help!!! Prior employer Labor approved, can I file I140 with old employer now?

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wendygc

New Member
Dear all,

I'm new to this forum. Maybe my question looks too simple but I would highly appreciate if you could give me some advice.

I am currently empolyed with company B. My EB-2 Labor certificate filed by previous employer A just got approved with priority date in 2002. I'm wondering if my previous employer A is allowed by law to file I140 based on the above-mentioned labor. If so, should I just follow the regular steps for filing 140 or I should follow some 'special' requirements because I'm not currenty employed by A?

Thanks in advance for any help you would offer. I really need to get a green card as soon as possible. Thanks a million!!

Wendy
 
wendygc said:
Dear all,

I'm new to this forum. Maybe my question looks too simple but I would highly appreciate if you could give me some advice.

I am currently empolyed with company B. My EB-2 Labor certificate filed by previous employer A just got approved with priority date in 2002. I'm wondering if my previous employer A is allowed by law to file I140 based on the above-mentioned labor. If so, should I just follow the regular steps for filing 140 or I should follow some 'special' requirements because I'm not currenty employed by A?

Thanks in advance for any help you would offer. I really need to get a green card as soon as possible. Thanks a million!!

Wendy
Click to expand...

As long as Employer A is willing to do it, yes you can file 140 through Employer A, and it is within law. And you don't need to be employed by Employer A at the time of 140 filing. If I were you, with the given priority date I would do anything within reasonable limits to get 140 filed through Emp A and keep the processing going on.

Even if you are not employed with the company, still based on what I read around here and on some other web sites, there is no special steps needed to file 140 through Employer A.

Also if you are not from India, see whether you can file 140 & 485 together. If you are from India, EB2 is unavailable starting Aug 1, hence you have to wait till it becomes available for Indian EB2 2002 (for your labor filing month..).
 
Thank you so much for the information. My priority date is eligible for filing 485 immediately. Does the law permit my prior employer A file 140 and 485 concurrently while I'm working for employer B? Or I must be employed by employer A at the time 485 is filed? :confused:

Thanks for any input!!
 
140/485 is for future employment and can be differentiated with the current employment as long as the company that is filing for your 485 is OK with that. A lot of companies prefer for monetory reasons for you to be on their payroll when filing 140/485, but as per the law its not needed.

Company B can go ahead and concurrently file for your 140/485. Its left to your descrition as to when you want to join them for your employment.

I stand corrected by other gurus in this forum if I rendered an incorrect opinion. I am not an attorney, this is purely an educated opinion. Please consult one for true legal opinion.

Godd luck.
 
Do I need to join Emp-B before filing I-140 ?

Hi
My Question is in connection to the same thread above discussed back in 2006.
I'm currently with Employer-A. Employer-B applied for Perm Labor and it is approved. For filing I-140 do I need to join Employer-B ?
Employer-B tells me he needs two paystubs before he can process my I-140 - I'm not sure if that is true based on above thread.
Can somebody help please ?
Thanks
 
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