Can we file 140/485 together?

N

nkimmigration

Registered Users (C)
Hello Guru's,

I started working for this company in MA. They applied for my labor EB3 RIR from MA and got approved with PD 5/01. Further applied for I-140, got approved on 4/03. Then the company moved me from MA to GA and filed a NEW labor (lawyers sujjestion) from GA EB3 non-rir in 9/03, currently in BEC - Philly. (Begging them to use the MA 140 and go fourth with 485 did not work). Got 45 days letter and responded 12/05. Now am waiting for the labor to go through.

Here is my question. The current priority date for EB3 if am right for India is 4/01, and my earlier PD is 5/01. Now once this new labor from GA gets approved, can I use the same PD and request the legal to apply simultanious 140 and 485. The legal is not too friendly and for them the more they drag the process, the more money they can make from my company. The HR is not worried, since this money is not coming from their cost center... Anyhow, any sujjestions, advice... folks will be greatly appreciated.

Thank you very much,
-nk.. :confused: :confused:
 
Last edited by a moderator:
yes. once your GA labor/ I-140 gets approved you can file 485 based on MA priority date. :) Good Luck
 
Thanks, but...

ysid said:
yes. once your GA labor/ I-140 gets approved you can file 485 based on MA priority date. :) Good Luck
Click to expand...

Thanks ysid for your response. That is exactly what my lawyer is saying that I need to get the I140, and then go for 485. But My question was can we file 140 and 485 together once my GA labor gets approved provided the priority date would be current (Beyond 5/01) by that time.

Thanks,
-nk..
 
Your priority date is determined based on approved I-140(Priority date will be written on I-140 to be specific). If your comany wants to use your MA labor/I-140 then yes; you can file I-485 when it becomes current. i.,e 5/01 (Provided your company says they have a position for you in MA office once your GC gets approved.)

If your intension is to file I-140/485 concurently based on GA labor with 5/01 priority date then I don't think it is possible untill you get your I-140 approved.

PS: It is safe to apply I-140 alone and it takes on average about 2 months to get it approved.
 
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