My I-485 approval is pending for more than 180 days with Texas Service Center. This petition was filed on the basis of my approved I-140 and Labor certification from my previous employer. I got my labor certification approved from my new employer. Can I file another I-140 while my adjustomet of status is pending? Or should I transfer my I-485 petition to the new employer using the portability Act?
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Adjustment of Status
- Thread starter Dallasdxg
- Start date
You can do both. For AC21 portability, the 485 should have been applied by previous employer. There was a huge thread on this very forum about experience of somebody who applied for 485 without employer's offer letter. OOPS, it is the next thread started by Yee man chan.
Thanks Jaxen.
My I-485 was applied on the basis of future job offer from my previous employer, company A. I have an approved labor certification and I-140 from company A while working with this company. After that I joined company B. But I filed my adjustment of status on the basis of a future job offer from company A. Now I want to stay with company B. Can I show my eployment change for my I-485 using portability Act.
My I-485 was applied on the basis of future job offer from my previous employer, company A. I have an approved labor certification and I-140 from company A while working with this company. After that I joined company B. But I filed my adjustment of status on the basis of a future job offer from company A. Now I want to stay with company B. Can I show my eployment change for my I-485 using portability Act.
1 you can show company B employment change intent /employer switch letter to use AC21, lawyer will prepare it, you can use AC21 because your I-485 has been pending more than 180 days, you can join B or continue working with him
2 Company B can apply for I-40 immediately once approved it can also be used for pending I-485, (if needed)
3 you can also apply new I-140 for CP from company B if it is approved before I-485 approval you can go for consular processing because delays are expected for I-485 approvals one of lawyer has opinion that in future because of INS shifting to DHS more delays.
Once your I-140 is approved for B you can also save time by sending Attorney certified I-140 and full petition for CP, Bombay Consulate, Madras (Chennai) and Delhi Embassy accepts attorney certified I-140 package that way you can get interview date very soon and GC early.
2 Company B can apply for I-40 immediately once approved it can also be used for pending I-485, (if needed)
3 you can also apply new I-140 for CP from company B if it is approved before I-485 approval you can go for consular processing because delays are expected for I-485 approvals one of lawyer has opinion that in future because of INS shifting to DHS more delays.
Once your I-140 is approved for B you can also save time by sending Attorney certified I-140 and full petition for CP, Bombay Consulate, Madras (Chennai) and Delhi Embassy accepts attorney certified I-140 package that way you can get interview date very soon and GC early.