change underlying 140 to fulltime employer or NO?

paul4gc

Registered Users (C)
#1
My friend has a question, his details are ...

1. Joined company A (consulting company) in 2003
2. Left company A in 2006 and joined company B (direct employer)
3. company B filed for labor (EB3) in Mar-2007
4. company A did labor substitution (EB3, India, PD 2003) and got the i140 approved in Apr-2007
5. filed i485 as a future employee for company A during July 07 fiasco
6. company B filed for i140 and captured old i140's PD (2003)

Now days USCIS is saying consulting companies as 'token employers', keeping this in mind ...., Is it better to ask USCIS to change 485 process to company B's 140, or continue on company A's 140 (consutling company's 140) ?

Please advice ... appreciate your inputs
 

Jackolantern

Registered Users (C)
#2
Do interfiling to get your old I-485 linked to B's I-140. You are still employed with B, and they are not a "token employer", so it's safer to stay with B.
 

paul4gc

Registered Users (C)
#3
Hi Jacko, Thanks for your inputs.

The 485 was applied in 2007 as a future employee of company A (based on approved 140), and the second 140 through direct employer was approved in 2009.

Is there any chance USCIS will consider the latest 140? or we should explicitly request to use direct employer's 140?

thanks inadvance
 

ginnu

Registered Users (C)
#4
Hi Jacko, Thanks for your inputs.

The 485 was applied in 2007 as a future employee of company A (based on approved 140), and the second 140 through direct employer was approved in 2009.

Is there any chance USCIS will consider the latest 140? or we should explicitly request to use direct employer's 140?

thanks inadvance
your second I-140 of B had the PD of 2003and you are working with B. USCIS has info about your second or BI-140 if you wrote A# on second I-140 form. if you want then lawyer of B can request to interfile second I-140 with pending I-485 by sending copy of second I-140 approval and job offer letter of B.
 

paul4gc

Registered Users (C)
#5
Thank you Jacko and ginnu for your earlier replies, we have one more question.

If we request USCIS to interfile the company B's i140 with pending i485, is the employee should work for company B for any minimum amount of time from the date of the request?

I mean is there any effect on 485 process if company B lays him off, OR employee finds a better job within 6 months after sending interfile request.

The 485 was filed as future employee of company A based on approved i140.

thanks
 

ginnu

Registered Users (C)
#6
Thank you Jacko and ginnu for your earlier replies, we have one more question.

If we request USCIS to interfile the company B's i140 with pending i485, is the employee should work for company B for any minimum amount of time from the date of the request?
-------------------if the I-485 is approved on the base of I-140 of B and job offer letter of B then after I-485 gets approved you must work for B for 4-6 months.
I mean is there any effect on 485 process if company B lays him off, OR employee finds a better job within 6 months after sending interfile request.
-----------------------if B lays off then you need to find job with same/similar job duties as on A LC and can invoke AC21 by sending C job offer letter. after I-485 approval work with C for few months.

The 485 was filed as future employee of company A based on approved i140.

thanks
------------------
 

number30

Registered Users (C)
#7
your second I-140 of B had the PD of 2003and you are working with B. USCIS has info about your second or BI-140 if you wrote A# on second I-140 form. if you want then lawyer of B can request to interfile second I-140 with pending I-485 by sending copy of second I-140 approval and job offer letter of B.

Does interfiling requires PD to be current?
 
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