Can one file for two AOS (485) simultaneously?

D

dina22us

Registered Users (C)
Hi Gurus,please help to advice how to proceed for 485.
My friend works with company A which was not willing to process GC for him. Hence company B filed for his I-140 for future employment. Now his current employer A also filed for his I-140 after LC approval. I believe it is legal....is that true?
My question is should he file for AOS (485) for both the approvals or should he just go for one? Then what to do with the other I-140?
If he proceeds with B, then at what point of the process can he join employer B? Please reply..
 
Can somebody file for two I-485 simultaneously?

Hi Gurus,please help.
My friend works with company A which was not willing to process GC for him. Hence company B filed for his I-140 for future employment. Now his current employer A also filed for his I-140 after LC approval. I believe it is legal....is that true?
My question is should he file for AOS (485) for both the approvals or should he just go for one? Then what to do with the other I-140?
If he proceeds with B, then at what point of the process can he join employer B? Please reply..
 
Please note

AS Far as I understand, you can file for two simultaneous labour or 140, BUT YOU CANNOT file for two AOS. You HAVE to opt out of one.
This I am saying because I know for sure, that you cannot do AOS for both family based as well as employment based. You have to withdraw on of your petition.
 
If he pursues AOS with B, then at what point can he join B?

Thanks Jaic for the reply.
The follow-up question is, if he decides to pursue AOS with employer B, then at what point of process can he join him? After EAD or after approval of 485?
Please reply.
 
Can one join the future employer before 180 days of AOS?

Does the 180 rule not apply for future employment here? EAD gets approved within 90 days of AOS filing. Does he need H1 alongwith EAD if he wants to join the future employer before 180 days of AOS filing?
 
I myself have been looking up on web on this

I have read that 180 days is INS set date. But you can change jobs earlier(I.e you can use EAD) But I have also seen posting where during Interview, they have verified that the person has been working till 180 days with the comapny filing the GC. It is conflicting....ANYBODY else has any opinion
 
Working on EAD is not, necesarrily, related to the GC approval or 180 days

Ability to work for any employer with an EAD is immediate and has nothing to do with the 180 day I-485 portability rule under AC21 Although the candidate does not need an H-1 to work for the other employer, it may or may not be a good idea to get an H-1 transfer and work for the new employer with it. The decisions in this regard
are highly dependent on the precise situation.

Of course, the person needs a permanent, full-time position that is similar to the original GC sponsor\'s position. That position technically needs to be available any time INS asks about the empoyment that justifies the GC. If INS asks and the answer is that the candidate has been laid off and is looking for similar employment, the GC will most likely be denied.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
This means portability can be used if laid off after 180 days by the future employer (B).

Hi Jim,Thanks for the input.
Subsequent to your last paragraph, does it mean that portability rule can be used if he is laid off by future employer (B) after 180 days of AOS?
Thus the possibility could be joining the future employer (B) after getting EAD in 90 days, and use portability rule if laid off after next 90 days (ie. 180 days after AOS filing)by the future employer (B). Did I understand it correct?
 
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