AC21 & applying a new labor from a third company

[verysmartboy]

My I140 is approved & I485 pending since 10 months from a consulting company X thru whom im working at a client's company Y. Its a EB3 application from VSC with priority date of May 2004 & i believe it is stuck for a long time now. Now Y has given me an attractive offer which i am planning to accept. All you immigration gurus out there ...would appreciate if you can advise me on the below..

1) Y is a big company.. & i believe i can join them using AC21. I guess i have to retain the same job title i have on my labor? I will be getting salary of almost 30K-40K more than what is mentioned on the labor ..will that be a problem?

2)As a backup ..can i apply labor all over again now (future GC) thru my friend's company Z..just in case if anything happens to my existing GC process? If yes, will approval/rejection of this future GC thru Z have any affect on my ongoing process with Y?

3) I have been reading about cases where the employers have withdrawn the I140 even after approval .... how does one come to know of such cases? Just concerned that if i switch over to Y ..& wait for I485 ..it shouldnt be that after a long wait i find that my earlier company X has withdrawn the I140 approval?

WOuld appreciate if anyone can give me suggestions based on their experiences?

Thanks in advance

 

[GotPR?]

1) The same job title does not count. Think "senior design engineer" for computer and automobile requires different skill. The duty of your new job has to be the same or similar to the one in LC.

3) Yates Memo on 5/12/05 states that one of the condition I140 becomes not portable is when I140 is withdrawn BEFORE 180days of I485 pending. It does not clearly say I485 application is not affected if I140 is withdrawn after 180days pending, but my best bet is I485 is not affected, otherwise why did Mr. Yates mention about 180days threshold on I140 withdrawal.
Check out Yates memo.

 

[verysmartboy]

How to track the approved I140?

Many thanks for your reply. Is there any way the approved I140 can be tracked...just to make sure that the earlier employer does not withdraw it after i switch companies? Its been almost 10 months since my I 485 is pending & 8 months since my I140 has been approved.

 

[GotPR?]

Many thanks for your reply. Is there any way the approved I140 can be tracked...just to make sure that the earlier employer does not withdraw it after i switch companies? Its been almost 10 months since my I 485 is pending & 8 months since my I140 has been approved.

If your I140 got withdrawn, you'll receive NOID(Notice of Intent to Deny) and then you can respond with your letter stating your new employment including job duty, salary, and your qualification to that position.

See Question #9 of this link
http://immigration.about.com/library/weekly/aa090903b.htm

Here is another folk whose I140 was revoked. They can give you more clear picture.
http://www.immigrationportal.com/showthread.php?t=184093

 

[verysmartboy]

Thanks ..that clarifies my doubt. I have just one last question ... Can I, as a back up, apply for a new GC process starting with labor (future) from a friend's company..without affecting my current GC process? My current ongoing process is in EB3 ..maybe with the new perm process, if i apply in EB2 ..it might be faster than that of my current EB3 process which is stuck being retrogressed.

Just wanted to know if the approval/rejection of this new parallel GC process of mine will have any affect on my current ensuing GC process or vice-versa?

 

[ginnu]

Thanks ..that clarifies my doubt. I have just one last question ... Can I, as a back up, apply for a new GC process starting with labor (future) from a friend's company..without affecting my current GC process?
------------------YES
My current ongoing process is in EB3 ..maybe with the new perm process, if i apply in EB2 ..
it might be faster than that of my current EB3 process which is stuck being retrogressed.
------------ in IT the PERM LC in EB2 is very difficult to apply. DOL asks from employer ability to pay from the date LC in EB2 is filed and prewaling wages are very high for EB2 and DOL asks the employer why he needs MS degree in IT field because many IT jobs only require BS degree. difficult to get EB2 LC through PERM

Just wanted to know if the approval/rejection of this new parallel GC process of mine will have any affect on my current ensuing GC process or vice-versa?
---------new LC filing or rejection from new employer has no affect on your current GC process