Can previous employer file 485?

N

nervewreck

Registered Users (C)
All,

I was working with Company A for 6 years, and recently moved on to work with Company B.

LC, 140 Approved with Company A, under EB3.

What I was planning to do was to get PERM, and 140 refiled with Company B and get my priority date ported, so that I wont lose it.

Now, Company A is willing to do my 485, even though I dont work for them anymore.

Is that do-able?
Would it matter that I work for a different company now?
I understand that 485 is AOS, and is for future employment, but are there any hidden repercussions?

Please advise !
Thanks.
 
nervewreck said:
All,

I was working with Company A for 6 years, and recently moved on to work with Company B.

LC, 140 Approved with Company A, under EB3.

What I was planning to do was to get PERM, and 140 refiled with Company B and get my priority date ported, so that I wont lose it.
--------------------you can do that and once second I-140 gets approved Interfile the second approved copy of I-140 with Pending I-485

Now, Company A is willing to do my 485, even though I dont work for them anymore.
--------------------------that is ok, FYI I-485 is your Petition you can also file directly if employer A gives you I-140 approval copy and Permanent job offer letter.
Is that do-able?
-----------------YES, GC is for future job
Would it matter that I work for a different company now?
--------------not a problem
I understand that 485 is AOS, and is for future employment, but are there any hidden repercussions?

Please advise !
Thanks.
Click to expand...
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ginnu - Can you please comment on my query also?

Can I file two I485 from two different companies?

With the big leap in EB3 cateogy, I ran into this strange situation. Can I file two I485 from two different companies?

Can I file one under Consular Processing' and another in 'Adjustment of status? Do I need to tell either the company or the lawyer about the existing 485 before the second one attempts to file second 485 OR can I just ignore?

Does it make any difference if they are filed in two difference service centers (one in Texas, Another in Nebraska)?

FYI, I haven't filed both I485 yet, but will be in a position to file both in the 1st week of June. I remember I selected 'Consular process' in my employer I-140 application and 'Adjustment of Status' in another I-140 application filed from my cousin company.
Can I file/continue both the I485s? Till what point I will be safe with both the 485s? At what point I need to or I will be asked to withdraw one of them?

Thanks in Advance.
 
LaborSeekar said:
Can I file two I485 from two different companies?
------------------companies dont file I-485 it you who file I-485(even if employer pay the fees or use the company lawyer), I-485 EAD AP applications belog to you not to employer, I-485 is based on EMPLOYER I-140

With the big leap in EB3 cateogy, I ran into this strange situation. Can I file two I485 from two different companies?
-------------------------YES, nothing in law prevents you filing second I-485, but if you have one I-485 filed then write your A# on second I-485 form
Can I file one under Consular Processing' and another in 'Adjustment of status?
--------YES
Do I need to tell either the company or the lawyer about the existing 485 before the second one attempts to file second 485 OR can I just ignore?
------------------- You need to write your A# if any I-485 filed and also info where filed or reciept #. if you dont inform the info on second I-485 then you may have two A# and that delays the process. after you get GC at the time of cotizenship also they have to attach you all file with all the A#
Does it make any difference if they are filed in two difference service centers (one in Texas, Another in Nebraska)?
---------------- you know where to file it depends on your address
FYI, I haven't filed both I485 yet, but will be in a position to file both in the 1st week of June. I remember I selected 'Consular process' in my employer I-140 application and 'Adjustment of Status' in another I-140 application filed from my cousin company.
-----------------even if you selected 'Consular process' in one I-140 still you can file 'Adjustment of Status' . to me it seems wasetage of money filing two I-485
Can I file/continue both the I485s?
-----------------You can but I dont understand the reason to file two I-485
Till what point I will be safe with both the 485s? At what point I need to or I will be asked to withdraw one of them?
------------------if one I-485 gets approved then second will be denied one cant get two I-485 approved
Thanks in Advance.
Click to expand...

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Ginnu:

Is there a cut off date to apply for 485? I was checking murthy.com and they mentioned that 485 needs to be filed by June 30th.

I did not realize that it needs to be applied within a very quick turnaround time.

Your input is requested.
Thanks.
 
I was with company A and recently joined company B. When I was with company A, they applied Permenent Labor certificate and now it is approved. Can company A apply 140 even I am not working for company A.

Is there any rule that the applicant should work for that company when it is apply for 140?

Because I am not working for company A, is 140 still can be approved?
 
nervewreck said:
Ginnu:

Is there a cut off date to apply for 485? I was checking murthy.com and they mentioned that 485 needs to be filed by June 30th.

I did not realize that it needs to be applied within a very quick turnaround time.

Your input is requested.
Thanks.
Click to expand...

-file I-485 ASAP (the date your PD is current) other may have posted to file I-485 by particular date because PD may not be corrent after that date to file I-485
 
baby_mde said:
I was with company A and recently joined company B. When I was with company A, they applied Permenent Labor certificate and now it is approved.
Can company A apply 140 even I am not working for company A.
-YES if they want GC is for future job
Is there any rule that the applicant should work for that company when it is apply for 140?
----------------you dont need to be working with A when they file I-140
Because I am not working for company A, is 140 still can be approved?
----------- YES if they file I-140 then it can be approved. why dont you request A to file I-140 and your I-485 at the same( if they agree and your PD is current, you pay the fees for I-485, EAD AP if they are ready to file I-485)
Click to expand...

------------------
 
ginnu said:
-file I-485 ASAP (the date your PD is current) other may have posted to file I-485 by particular date because PD may not be corrent after that date to file I-485
Click to expand...

Thanks Ginnu. I will surely try to get it filed before the end of June.
Another question that I have is:
Can I use the 140 that I got from my previous employer (Company A), have them file the 485/EAD/AP, and in the mean time get the PERM and 140 refiled with my current employer (Company B) to recapture the PD ?

If that is possible, then I think I will be safer. If Company A does not agree to do my 485, then I will lose this golden chance, but if they agree to do, I dont want to have any issues with my current employer company B.

Please advise.
Thanks..
 
nervewreck said:
Thanks Ginnu. I will surely try to get it filed before the end of June.
Another question that I have is:
Can I use the 140 that I got from my previous employer (Company A), have them file the 485/EAD/AP,
-----YES
and in the mean time get the PERM and 140 refiled with my current employer (Company B) to recapture the PD ?
--------------------YES, and the time of filing second I-140 write your A# on the I-140(if you get I-485 filing reciept then A# is on that) and request lawyer to recapture the early PD by providing him copy of earlier I-140 approval.
If that is possible, then I think I will be safer. If Company A does not agree to do my 485, then I will lose this golden chance, but if they agree to do, I dont want to have any issues with my current employer company B.
-------------------------
Please advise.
Thanks..
Click to expand...
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PD current but have question on 485

ginnu

I am in the exact same situation. My question is that will I have any problems during the interview etc - or any questions asked about the previous employer. I know GC is for future employment but legally do i have to work for them once I get the GC. What is the best and safest route to take?
1- Apply for 485 with old employer’s letter
2 - Wait for LC to clear with the new employer and then port the old PD since I-140 is approved and concurrently file for 485?

please advice
thanks
 
Same situation 6 years H1 (From comp. A to comp. B)

Hi,

Here is my situation below.

I am on H1 from company A (Consulting company) since July 2001 and my H1 is going to expire on 31st July 2007.

I have approved labor and I-140 in year 2006 from company A.
Labor filed date: May 2006 , Approved date: July 2006.
I-140 file date: Sept 2006 , Approved in October 2006.
485 is not filed because of the retrogression dates.

I am in the process of Extending my H1 from Company A (7th year extension for 3 more years based on approved I-140).

In the meantime I got a nice permanent offer from Company B (Client's place).

My question is am I eligible to transfer my H1 to company B after I get my 7th year extension from Comp. A.

Also on the internet I came across the AC21 law.

Do I need to use AC21 for transfer based on my approved labor, approved I-140 and 485 not filed.

Does the job title/description need to be the same including Salary?

Or simply do an H1 transfer and refile labor and 140 from Comp.B and use priority dates from old employer(comp. A)

Could anyone please guide me in this matter. What would be the best step.

Appreciate your help.

Thanks.
KGant.
 
KGant said:
Hi,

Here is my situation below.

I am on H1 from company A (Consulting company) since July 2001 and my H1 is going to expire on 31st July 2007.

I have approved labor and I-140 in year 2006 from company A.
Labor filed date: May 2006 , Approved date: July 2006.
I-140 file date: Sept 2006 , Approved in October 2006.
485 is not filed because of the retrogression dates.

I am in the process of Extending my H1 from Company A (7th year extension for 3 more years based on approved I-140).

In the meantime I got a nice permanent offer from Company B (Client's place).

My question is am I eligible to transfer my H1 to company B after I get my 7th year extension from Comp. A.
-----YES, you will be eligible to transfer your H1 to Company B and have it for 3 years with them.

Also on the internet I came across the AC21 law.

Do I need to use AC21 for transfer based on my approved labor, approved I-140 and 485 not filed.
-----AC21 Portability is usable only on pending 485 for 6+ months. So without filing 485 with any of the employers, you cannot use this clause. It is not applicable with Approved LC+140 situation

Does the job title/description need to be the same including Salary?
-----For using AC21 portability it is required to be as close as possible in the job title/description. Not sure about salary. For transfering H1 it does not matter.

Or simply do an H1 transfer and refile labor and 140 from Comp.B and use priority dates from old employer(comp. A)

Could anyone please guide me in this matter. What would be the best step.

-----In my opinion, you have two paths to chose from:
1: Have company A file for your 485 when the PD becomes current, and then wait for 6 months and file AC21 to move on to Company B. This could be a while from now, as your PD will take some time to become current.
2: Transfer your H1 to Company B, refile LC and recapture your old PD at the 140 stage. Then wait for PD to become current and file for your 485. After that if you want to move on to Company C (future :D) then you can do so. Without refiling.



Appreciate your help.

Thanks.
KGant.
Click to expand...

Other Gurus including ginnu, please share your insights as well. I stand corrected and do welcome your corrections if needed.
 
Hi Nervewreck,

Thanks for your response.

For the first option 1 you suggested..

1: Have company A file for your 485 when the PD becomes current, and then wait for 6 months and file AC21 to move on to Company B. This could be a while from now, as your PD will take some time to become current.

So to file 485 from previous employer(Comp. A) when PD becomes current while working in company B(assuming no GC process from B).
I think this question was answered by Ginnu before but still...
Do we need to be on previous company(Comp. A) payroll when PD becomes current and we are eligible to file 485 by then?
I mean do we have to transfer H1 back to Comp. A inorder to file for 485?

For Option 2
2: Transfer your H1 to Company B, refile LC and recapture your old PD at the 140 stage. Then wait for PD to become current and file for your 485. After that if you want to move on to Company C (future ) then you can do so. Without refiling.

What if Comp. A is against porting my PD (dates) to Company B, lets say if I transfer to Comp. B and try to recapture my old PD before I file 140 thru comp.B.

Please advice.
Thanks,
KGant.
 
KGant said:
Hi Nervewreck,

Thanks for your response.

For the first option 1 you suggested..

1: Have company A file for your 485 when the PD becomes current, and then wait for 6 months and file AC21 to move on to Company B. This could be a while from now, as your PD will take some time to become current.

So to file 485 from previous employer(Comp. A) when PD becomes current while working in company B(assuming no GC process from B).
I think this question was answered by Ginnu before but still...
Do we need to be on previous company(Comp. A) payroll when PD becomes current and we are eligible to file 485 by then?
I mean do we have to transfer H1 back to Comp. A inorder to file for 485?

-----No, 485 is considered for future employment. So if Company A agrees to file for 485 on that context, then you would not need to be on their payroll. You can be on your H1 and working with Company B, and still get it filed with Comp A.

For Option 2
2: Transfer your H1 to Company B, refile LC and recapture your old PD at the 140 stage. Then wait for PD to become current and file for your 485. After that if you want to move on to Company C (future ) then you can do so. Without refiling.

What if Comp. A is against porting my PD (dates) to Company B, lets say if I transfer to Comp. B and try to recapture my old PD before I file 140 thru comp.B.

-----Well, in this scenario, the only underlying factor is for Company A should not retract your 140 even though you are no longer with them. If you are in good exit terms with them and they don't bother about it, then you will be fine with it. Otherwise, you will be jeopardizing your situation by losing that PD.

Please advice.
Thanks,
KGant.
Click to expand...

Again, other members can surely fill in as and when appropriate. Your corrections/suggestions/insights and clarifications are more than welcome.
 
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