can I concurrently file 140 and 485?

X

xikou2002

Registered Users (C)
Urgent so pls help! I am bargaining with the employer.

My LC was approved but unfortunately I got laid off recently.
I am on H1B and I have not yet found a new employer.

Even with laid off, is it ok that the employer file I140/485 for me now? Because it is for future job, theoretically it shld be OK...but I am not sure. The employer will write a letter, stating that
the position in the LC will be available and I will be paid the salary as stated in the LC; in the meanwhile, I will promise
to work for the employer at that time.

If yes, what is the obligation to the employer?

I guess I have to find a new employer to ask the old employer
to file that, is that correct (Otherwise what is my visa status)?

Assume concurrent filing and afer 180 days.
Assume the job is similar to the one stated in the LC.
In this case, can I use the AC-21 rule, "ignoring" the old employer,
just work with the new company? Must I work for the old employer upon 485 approval?

Thanks a lot!
 
Your old employer can file 140/485- provided he is willing. The layoff should not matter for that. It would be treated as future GC. The obligation is you join him after GC and he takes you after GC.

But new employer will have to get a new labor before filing 140. The new employer can not use the labor approved by old employer.

HTH
 
Thank you sb_tiger,

My real and most unclear question is,
if the old company files 140/485 and assume 140
is approved and 485 pending for 180+ days,
and assume in the new company my position is similar. Can I apply the AC-21 rule for the new company? i.e. is it OK that I do not need to work
in the old company but simply stay in the new company upon 485 approval?
 
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