Can a filed I485 being used by another I-140?

[phc]

HI,
I have a EB2 case with approved LC, I-140 and I-485 pending for over 180 days. However, I think my new job may not be treated as similar position.
Can I ask my new employer to initiate another EB2 case with PERM, I-140 and after the I-140 is approved, "transfer" (not sure if this is the right term) to continue my current I-485 application?
I don't want to start over the I-485 case again simply because I know I stuck in name check.

 

[ginnu]

HI,
I have a EB2 case with approved LC, I-140 and I-485 pending for over 180 days. However, I think my new job may not be treated as similar position.
-------- to make it simple you need permanent job offer with same/similar job duties on new employer letter to invoke AC21. GC is for future permanent job. you just need the letter to invoke AC21

Can I ask my new employer to initiate another EB2 case with PERM, I-140 and after the I-140 is approved, "transfer" (not sure if this is the right term) to continue my current I-485 application?
----------------You can do that but it will be wastage of money and time. When file second I-140 write your A# on that I-140 form and let the lawyer know that you have I-140 approved in past so that he can recapture the early PD. Once second I-140 gets approved ask the lawyer to Interfile it with pending I-485.

I don't want to start over the I-485 case again simply because I know I stuck in name check.
-----------talk to new company or new company lawyer that job offer letter to invoke is much better and simple (lawyer may say that let us file new LC I-140 as he is going to get fees)

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[phc]

Interfile I-485?

Hi,
Thank you very much for your reply. I may want to try to do AC21 after leaving the current position (if denied, my I-485 may be denied) and filed another PERM + I140 because there is a chance that my AC21 may be denied.
My current position has totally different SOC code than the new position because the current position is a researcher in a company but the new position is a faculty position in the university. The job duty of research may be the same, but the teaching is not.
I have a question about to interfile my pending I-485 with my new approved I-140. Does it matter because the filing date of I-485 is ealier than the filing day of a new I-140? Will there be any potential risk in the future or it is totally fine?
Thank you very much!!

 

[ginnu]

Hi,
Thank you very much for your reply. I may want to try to do AC21 after leaving the current position (if denied, my I-485 may be denied) and filed another PERM + I140 because there is a chance that my AC21 may be denied.
My current position has totally different SOC code than the new position because the current position is a researcher in a company but the new position is a faculty position in the university. The job duty of research may be the same, but the teaching is not.
I have a question about to interfile my pending I-485 with my new approved I-140. Does it matter because the filing date of I-485 is ealier than the filing day of a new I-140?
-------------------------------Not a problem. your lawyer knows what to do. FYI the INTERFILING can be done if I-485 PENDING.
Will there be any potential risk in the future or it is totally fine?
--read above
Thank you very much!!

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[phc]

Hi,
Thanks a lot for the prompt reply.
I have searched a Pearson Memo about the interfile I-485 but still have more practical problem of when to do it.
Here is my case:
I-485 pending and not sure when to get out of the namecheck blackhole.
Plan to leave the current employer in the end of July.
When should I apply for transfering my H1B?
When to interfile the I-485 with the new I-140? What should I do?
Is it after the new I-140 is approved? It takes time and I am afraid that it may not be done before I leave the current employer.
So what if my I-485 is approved before my new I-140 is approved and after I leave the company?
1. If they request evidence of work with current employer, I initiate an AC21 and wait their response.
1.1 If they does not approve my AC21 and send an intend to deny my I-485, what can I do if my new I-140 is still not approved?
1.2 If they does not approve my AC 21 and send an intend to deny my I-485 after my new I-140 is approved, I apply the interfile request with my new I-140, correct?
2. If they don't request any evidence and approved it after I leave my current employer. What should I do to prevent future trouble (immigrantion fraud) when applying for citizenshihp?


W

 

[ginnu]

Hi,
Thanks a lot for the prompt reply.
I have searched a Pearson Memo about the interfile I-485 but still have more practical problem of when to do it.
Here is my case:
I-485 pending and not sure when to get out of the namecheck blackhole.
Plan to leave the current employer in the end of July.
When should I apply for transfering my H1B?
------------------NOW, so that you get H1 transfer filing reciept in hand
When to interfile the I-485 with the new I-140?
-----------------------After Second I-140 approval
What should I do?
---------------Go to YOUR lawyer and ask him to write a cover letter with I-485 reciept copy and copy of new I-140 approval and new employer job offer letter
Is it after the new I-140 is approved?
-------YES
It takes time and I am afraid that it may not be done before I leave the current employer.
-------------------00000
So what if my I-485 is approved before my new I-140 is approved and after I leave the company?
------------------- then why dont you invoke AC21?
1. If they request evidence of work with current employer, I initiate an AC21 and wait their response.
-------------------- you can file AC21 the day you join new employer. AC21 need to be filed BEFORE I-485 gets approved
1.1 If they does not approve my AC21 and send an intend to deny my I-485, what can I do if my new I-140 is still not approved?
--------------------that depends on the reason and you need to see YOUR lawyer
1.2 If they does not approve my AC 21 and send an intend to deny my I-485 after my new I-140 is approved, I apply the interfile request with my new I-140, correct?
---------------------- you may do so. Ask your lawyer
2. If they don't request any evidence and approved it after I leave my current employer. What should I do to prevent future trouble (immigrantion fraud) when applying for citizenshihp?
-------------------Go to your lawyer. Take time make list of all your questions as they are incresing and then go to YOUR lawyer and seek legal advice.

W

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[phc]

HI,
Thank you very much for your reply. I talked with different lawyers and found that not everyone gives me the same advice.
Some suggest to withdraw my pending I-485 and start another I-485, and even told me that one cannot initiate an AC21 by themselves, they should wait USCIS's request. What a BS and I paid the consultation fee.
I almost give up and then call another lawyer and gives me more choices including the interfile I-485 but because he did not charge for the consulting fee and was in a hurry, I don't have much time to talk with him so I seek for some information before scheduling a more formal consultation.

Apparently some lawyers does not even have or willing to share the information you have.
Thank you!