Can I apply two I485s based on one approved 140

[your_friend]

Hello,

I am looking for a feed-back. Here is my situation...

Like others I am stuck with retrogression. My situation is :EB3 (priority date: March 2003), I140 approved a year back and waiting for my turn. Yesterday I got an offer from a company (B) for a good job. But company 'B' wanted to sponser EB2 (perm) and utilize company A's I140 so that my priority date will be reatined (Mar2003) and by the time Company-B's I140 approved may be EB2 for my priority date will become current.

However I don't want to join Company-B till I get my GC and they agreed.

My question is if I utilize Company-A 140 for Company-B, infurutre for whatever reason if I want to apply 485 with Company-A (EB3) are there any issue or any problems? Can I do so? Experts please please advice.

 

[pkpkpkpk]

AFAIK,
your company "B' needs to file PERM for you and if successful, it has to apply for I140 for you.
When the 140 is approved, now, you have 2 I140s ( considering your company A has not cancelled the first 140) -- Now, at this time, you can request porting of your priority date.

Based on the priority dates being current, you can file your 485.

I believe that if you use EB2/old priority date (based on second 140), then you would have to join company B.

my .02

 

[your_friend]

not sure...

I believe that if you use EB2/old priority date (based on second 140), then you would have to join company B.

Thanks for your response...

So are you saying once I get 140 approved from Company 'B' with Company 'A' priority date, I will be loosing rights to apply 485 thru company 'A'.

Than plan is to join company 'B' only after getting GC. For any reason if LC or 140 or 485 rejected, I would like to fall back to my current company 'A' 140 and when the priority date becomes current, I wanted to apply for 485. So you are saying it is not possible...is my understanding is correct?

Any other feed-back and comments are appreciated.

 

[GotPR?]

So are you saying once I get 140 approved from Company 'B' with Company 'A' priority date, I will be loosing rights to apply 485 thru company 'A'.
.

PKPK did not say that A's I-140 is invalid.
Technically, both I-140 is valid and you can file I-485 based on whichever you want, but
only issue is how you explain that your job position is still available at A when you have already left A.

 

[your_friend]

PKPK did not say that A's I-140 is invalid.
Technically, both I-140 is valid and you can file I-485 based on whichever you want, but
only issue is how you explain that your job position is still available at A when you have already left A.

Hello GotPR,

Sorry, I misunderstood.
I will be leaving A only afer B's 485 approval. Till that time I will be with A. My current company is a multinational and I have a stable job. However they are not that helpful and flexible on immigration matters. However 'B' is a small company and I am not even sure if this company is going to be there by that time my GC approved and I feel very risky to leave A. "If everything goes well" I don't mind joining B after GC approved.

I am just analyzing the situation and risks on utlizing A's 140. I don't want to risk my current A's job and GC processing for this small unstable company B offer. If anything happens to B while my GC in process (assuming it went upto stage: 140 approved, 485 applied, got EAD) I am also assesing the risk involved to continue job in A but use B's EAD (change job?).

Any advices appreciated.

 

[GCDepressed]

Hello GotPR,

Sorry, I misunderstood.
I will be leaving A only afer B's 485 approval. Till that time I will be with A. My current company is a multinational and I have a stable job. However they are not that helpful and flexible on immigration matters. However 'B' is a small company and I am not even sure if this company is going to be there by that time my GC approved and I feel very risky to leave A. "If everything goes well" I don't mind joining B after GC approved.

I am just analyzing the situation and risks on utlizing A's 140. I don't want to risk my current A's job and GC processing for this small unstable company B offer. If anything happens to B while my GC in process (assuming it went upto stage: 140 approved, 485 applied, got EAD) I am also assesing the risk involved to continue job in A but use B's EAD (change job?).

Any advices appreciated.

hi
i am new to this forum browsing all postings and found this one very interesting

as per my knowledge (pls chk with professionsals & gurus) u r risking too much.
1. I am assuming ur h1b extended for 1yr or 3yrs based on ur current pproved140. if u port PD to company-B, i think u r taking risk as there may be chances of affecting ur current h1b because it was tied to 140 approval.

2. I can understand the reason for joining company-B after approval of gc, but ur LC, 140 and most importantly 485 processing with company-B may create lot of issues. I heard recently lot of 485s are getting rejected.

3. as pkpkpkpk mentioned you have to join company B. but looks like u wanna continue ur job with company-A with B's EAD... seems u r thinking too much ahead...if at all u reach that stage i am sure it is going to be years from now. I believe it's too risky. I don't even think this is possible continuing in current job with some body elseses EAD (u mean protability? not sure...)

looks like you don't want to join B and want to utlilize company-B for getting your ead and switch to ur current job. in any case u r adding another lc & 140 to the statistics and may be wasting another visa# (if u go that faaaaar) ...please don't add more strain to already sunken ship