Can someone help me please

[k93157]

Hi Gurus,

I am not sure whether this is the right forum or not. I posted this question earlier, but no replies. I would really appreciate if someone helps me on this..

I work for a company in CA (I am working in this company since 2001). The
company filed my labor in 2002 and as you know nothing happened to it
because of backlogs. (Currently it is in Backlog center).

In 2004, another company (based in NJ) filed my labor (as a future emploment
based) and received labor certification in 2005. I filed 140 and 485 from
that company just before Sep 2005. (just before retorgression taken into
affect). I was planning to join the company once 140 is cleared. Though I
received EAD and other documents, 140 from that company is yet to be
cleared. As I understand, things are NOT going well with that company.

Recently my current company in CA (after lot of prodding from me) filed a
new labor for me under PERM and received certification promptly. They also
140 for me and received certification. However as you know I can't file 485
as my priority date for the PERM labor is Nov 2005.

I read thru some of the discussions and found that it is possible to attach the
new certified 140 from Company in CA with the pending 485 application that
filed along with the earlier 140 application from Company in NJ. Is this
possible and legal?

Please reply

Thank you
K93157

 

[ginnu]

Hi Gurus,

I am not sure whether this is the right forum or not. I posted this question earlier, but no replies. I would really appreciate if someone helps me on this..

I work for a company in CA (I am working in this company since 2001). The
company filed my labor in 2002 and as you know nothing happened to it
because of backlogs. (Currently it is in Backlog center).

In 2004, another company (based in NJ) filed my labor (as a future emploment
based) and received labor certification in 2005. I filed 140 and 485 from
that company just before Sep 2005. (just before retorgression taken into
affect). I was planning to join the company once 140 is cleared. Though I
received EAD and other documents, 140 from that company is yet to be
cleared. As I understand, things are NOT going well with that company.
------------------ Wait for the I-140 to be approved and then use AC21 (job offer letter of CA company)
Read the links
Latest AC21 MEMO issued May 12,2005
http://www.shusterman.com/pdf/ac21-51205.pdf
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-AC21.pdf

AILA update and YETES agreed that I-140 approved is not needed for AC21

http://www.jenkens.com/image/jenken...y 31 2….pdf

http://www.jenkens.com/image/jenken...mary of aila-uscis issues from july 31 2….pdf

Recently my current company in CA (after lot of prodding from me) filed a
new labor for me under PERM and received certification promptly. They also
140 for me and received certification. However as you know I can't file 485
as my priority date for the PERM labor is Nov 2005.
-------------------- One can use earlier PD if your I-140 of NJ based company gets approved your lawyer can attach the copy of I-140 approval and can request for early PD.
Read:

http://immigrationportal.com/showthread.php?t=146611
http://immigrationportal.com/showthread.php?t=146611&page=2&pp=15
http://www.murthy.com/news/UD245reg.html

I read thru some of the discussions and found that it is possible to attach the
new certified 140 from Company in CA with the pending 485 application that
filed along with the earlier 140 application from Company in NJ. Is this
possible and legal?
-------------- That is legal it is called interfiling, one can send the copy of new I-140 approval and request is made to service center where I-485 is pending to approve the pending I-485 based on new I-140 approval
Read:
PEARSON MEMO
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf


K93157