Company unstable, 140/485 pending

A

aspirant

New Member
Please try to help me out based on the following facts:

1. I'm on 7th year extension and need to apply for 8th year extension now.
2. current company is unstable and may close down soon.
3. I've filed for 140/485 concurrently.
4. have received EAD but 140 is not approved yet.
5. I feel that I should apply for 8th year extension with a different company also, and switch to it if necessary.

I'm looking for a company who has an approved labor certification with my skillset and want to apply for 8th year extension at the same time. This is because I may not be able to finish the GC process if I start from the original labor again.

Any comments or suggestions will be highly appreciated. Feel free to reach me directly at gc_140@yahoo.com

Thanks,
aspirant
 
Last edited by a moderator:
Update

I found a company who is willing to use an approved labor certificate fairly close to my background to apply for 140/485.

Here are my questions now:

1. Is there any problem if the labor certification is older than 1 year?

2. They require me to start working with them as soon as I receive the H1 receipt. Are there any problems applying for "H1 transfer + 8th year extension" with another company?

Thanks,
aspirant
 
Re: Update

Hi aspirant,

1. There is no problem. You can use the labor. But make sure that you meet all the requirements stated in the labor on the day which it is applied. (Includes both education and job experience)

2. Since you have your I-140/I485 pending, you have no problem in applying for "H1 transfer + 8th year extension". But dont forget to attach a copy of I140/I485 receipt with your H1 application. Get this from your previous employer.

--Vortex.

Originally posted by aspirant
I found a company who is willing to use an approved labor certificate fairly close to my background to apply for 140/485.

Here are my questions now:

1. Is there any problem if the labor certification is older than 1 year?

2. They require me to start working with them as soon as I receive the H1 receipt. Are there any problems applying for "H1 transfer + 8th year extension" with another company?

Thanks,
aspirant
Click to expand...
 
gurus, one simple question
as per aspirant post, he already applied 140/485 from company A and now his company A is not doing well
and now he wants to join company B who has another labor cleared already and ready to apply for him 140/485

how can they file..is it 485 applied from one company or more than 1 company??

please let me know
 
Thanks

Thanks Vortex for the response.

I don't have an answer to zamq's question myself. I am going with an assumption that 140+485 can be filed again with some other company. I'm not sure where did I get the idea that 485 can be done from two places as well, probably while talking to an attorney telling.

-aspirant
 
7 th Year Extension is Based on pending GC

Hi,

I Don't think you can get the 8th year extension with new company on the basis of your pending 140/AOS. Instead you should use EAD to work for new company if you qualify for AC21 portability.

You should consult an attorney, if you are sure about your companies future.
 
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