Approved I 140, changing jobs before I 485

[sonylaw]

I used to work for company A. They had applied for my LC which got approved the 2 weeks after I left the company. I worked for them for 5 years and know the CEO and everybody very well. They agreed to continue my GC process. So I filed I 140 which was approved.
The company is not doing well financially.
Now my question is, if I file I 485 thru company A and it runs into problems, can I still use the I 140 at my new company B (same job profile)?
I know that I can use I 140 now at company B, but, will I be able to use it once I 485 is applied from my previous company?

I want to think of a backup scenario where my 485 with company A continues, but if runs into trouble then I should be able to use the old priority date at company B.

Thanks

 

[ginnu]

I used to work for company A. They had applied for my LC which got approved the 2 weeks after I left the company. I worked for them for 5 years and know the CEO and everybody very well. They agreed to continue my GC process.
So I filed I 140 which was approved.
-----------------YOU have not filed I-140 it was filed by employer A
The company is not doing well financially.
Now my question is, if I file I 485 thru company A and it runs into problems, can I still use the I 140 at my new company B (same job profile)?
----------------------file the I-485, if I-485 is pending more than 180 days you will be eligible to use AC21. what do you mean by "use the I-140 at new employer B"???
I know that I can use I 140 now at company B, but, will I be able to use it once I 485 is applied from my previous company?
--------------------I dont know what you want to say
I want to think of a backup scenario where my 485 with company A continues, but if runs into trouble then I should be able to use the old priority date at company B.
--------------- if any I-140 is approved for you in past then at the time of filing second I-140 you should give copy of past approved I-140 to lawyer and he should make a request to recapture past PD (if you have filed I-485 and got reciept then you will have A# on I-485 filing reciept and in future use that A# on second I-140 form or any forms)
Thanks

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[sonylaw]

Thanks

Thanks for the reply Ginnu.
What I meant was I can use the currently approved I 140 to capture the priority date when filling the second I 140.

Any complications you know of filling for I 485 from the previous employer knowing that they may not be in business in next 2-3 months? But they are willing to hire me if they get more VC funding.

1. If I continue with company A and if all goes well I can get my GC pretty quickly.
2. But I don't want to run into a situation where my 485 thru company A runs into some problems and for some reason I am not able to use the I 140 to capture the priority date. So the safe bet would be to get LC from my current employer (company B) and then use the previous I 140 to capture the priority date and then file 485.

Any advantages/disadvantages in taking either process 1 or process 2?

Please let me know.

Thanks again.

 

[ginnu]

Thanks for the reply Ginnu.
What I meant was I can use the currently approved I 140 to capture the priority date when filling the second I 140.
--------------YES, provide the copy of approved I-140 to lawyer when he/she file second I-140
Any complications you know of filling for I 485 from the previous employer knowing that they may not be in business in next 2-3 months?
--------- File the I-485, then wait for 180 days ( I fellUSCIS is not going to approve in 6 months ) once pending I-485 hits 180 days you are safe to use AC21
But they are willing to hire me if they get more VC funding.
------------file the I-485, EAD
1. If I continue with company A and if all goes well I can get my GC pretty quickly.
----------------I dont know your PD(LC filing date) your country of birth and if it is EB1 or EB2 or EB3, nobody knows how the PD is going to move in future if EB3 and PD of 2004 or 2005 or 2006 then you have to wait .................
2. But I don't want to run into a situation where my 485 thru company A runs into some problems and for some reason I am not able to use the I 140 to capture the priority date.
-------------------if I-140 approved then person can capture the priority date of past I-140(if request is made to USCIS and the copy of past I-140 approval is attached)
So the safe bet would be to get LC from my current employer (company B) and then use the previous I 140 to capture the priority date and then file 485.
---------------------you can do that as back up plan, you will be safe if file I-485 now and I-485 pending hits 180 days.

Any advantages/disadvantages in taking either process 1 or process 2?
---------------- better file the I-485 now and remain on H1 status, file H1 extensions Before I-94 expiry date and I hope you will be eligible for AC21. for more info go to your lawyer.
Please let me know.

Thanks again.

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[sonylaw]

Thanks again Ginnu.

I will talk to my lawyer, but I just wanted to be better prepared.
One last question
...you said ---------------- better file the I-485 now and remain on H1 status, file H1 extensions Before I-94 expiry date and I hope you will be eligible for AC21. for more info go to your lawyer.

What do you mean by remain on H1 status? I will be on H1 till I get my GC.
You mean file the H1 extensions from company A (previous company) or from company B (my current one)?

Thanks again.

 

[ginnu]

Thanks again Ginnu.

I will talk to my lawyer, but I just wanted to be better prepared.
One last question
...you said ---------------- better file the I-485 now and remain on H1 status, file H1 extensions Before I-94 expiry date and I hope you will be eligible for AC21. for more info go to your lawyer.

What do you mean by remain on H1 status?
---------------- you dont know what is H1 status??to remain on H1 status you need H1 status and dont use EAD(if you apply with I-485) and file H1 extensions with USCIS Before I-94 gets expired
I will be on H1 till I get my GC.
----------------if employer B or A dont file H1 extension before your I-94 expiry date how you can be on H1 status??
You mean file the H1 extensions from company A (previous company) or from company B (my current one)?
--------------- if you are working with B then B can file H1 extensions if you are working with A then A can file H1 extension BEFORE the I-94 gets expired
Thanks again.

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