Concurrent Filing - Using Cross Chargeability

Hello All, one Q about labor portability

Hello All,

I have been out of the forum for a few weeks, was busy at work. How have you been ?

I have a better offer in the market and I am wondering how I can carry my approved labor and I-140 with me and file for 485 from the new company. Not that I need to file 485 since that has already been filed from my spouse's side (employer), but just want to know as a backup option.

I got my I-140 approved with company A recently. Now, I want to join company B.
Question: Is there any way I can join company B and file for my I-485 on the basis of approved I-140 from A ? Can I carry the approved labor and I-140 to company B ? Is it allowed ?

Thanks
 
No! That is not allowed. you have to start your fresh labor with company B and then have I140/I485 applied based on the newly approved labor from B. The advantage of having an approved I140 from A, is that you could port your priority date from the approved I140 of A to I140/I485 process of B. What it means is - even though you apply for a new labor on May 1, 2007 from company B (your priority date for the new case will be 05/01/2007), when you apply your I140/I485 process based on B's approved labor, you can use the priority date of the old case from A (for eg: if your old labor from A was applied on Aug 01, 2004, your priority date of the old case is 01/08/2004). Your new I140/I485 could use the priority date of 01/08/2004, possibly making your overall GC faster.

pururwa said:
Hello All,

I have been out of the forum for a few weeks, was busy at work. How have you been ?

I have a better offer in the market and I am wondering how I can carry my approved labor and I-140 with me and file for 485 from the new company. Not that I need to file 485 since that has already been filed from my spouse's side (employer), but just want to know as a backup option.

I got my I-140 approved with company A recently. Now, I want to join company B.
Question: Is there any way I can join company B and file for my I-485 on the basis of approved I-140 from A ? Can I carry the approved labor and I-140 to company B ? Is it allowed ?

Thanks
Click to expand...
 
Thanks Wellwisher

WellWisher007 said:
No! That is not allowed. you have to start your fresh labor with company B and then have I140/I485 applied based on the newly approved labor from B. The advantage of having an approved I140 from A, is that you could port your priority date from the approved I140 of A to I140/I485 process of B. What it means is - even though you apply for a new labor on May 1, 2007 from company B (your priority date for the new case will be 05/01/2007), when you apply your I140/I485 process based on B's approved labor, you can use the priority date of the old case from A (for eg: if your old labor from A was applied on Aug 01, 2004, your priority date of the old case is 01/08/2004). Your new I140/I485 could use the priority date of 01/08/2004, possibly making your overall GC faster.
Click to expand...

Thanks for your reply. Anybody else has any other viewpoint ?
So, If the company A decides to revoke the approved I-140 after I leave, could I still use the old priority date with my new case in company B ?

Thanks again...
 
Wellwisher is right.

But yes, if company A does withdraw the 140, you're out of luck. Then it's really back to square 1.

Don't piss them off before leaving :)
 
Please add my information to the tracker.

EB2 TSC cross-chargability
I140/Self I485/Spouse I485,I131,I1765/Child I485 RD: 9/21/2006 ND: 9/26/2006
I140 RFE: 10/26/2006 AD: 12/7/2006
Self I485 FP3: 10/10/2006 LUD: 1/8/2007
Spouse I485 FP3: 10/10/2006 LUD: 1/8/2007
Child I485 FP2: 3/9/2007 LUD: 3/9/2007
Spouse I131(AP) AD: 10/23/2006
Spouse I765(EAD) RFE: 10/10/2006 AD: 11/2/2006

Thanks...
 
I140/485 concurrent filing question - please post

I have below questions:
1. When you are filing concurrent I140/485, do you not need any letter from employer for I485 when filing concurrent with I140. Employer has signed I140 petition. And I have signed all the forms required for the I485. Anybody knows this please confirm urgently. thanks.
2. When filing concurrently, the I140 Premium processing filing can it be done electronically. The lawyer is sending through the mail because it is concurrent filing but I140 as Premium processing.

Please post your answers. thanks.
 
Prez, even though company A withdraws the I140, but if you have the copy of the approved I140, you are safe and you could use the approved I140 for portability. The only condition where you cannot use the old I140 is if the old case was fraudulent and USCIS withdrew the case for some reason or the other.

prezcalvin said:
Wellwisher is right.

But yes, if company A does withdraw the 140, you're out of luck. Then it's really back to square 1.

Don't piss them off before leaving :)
Click to expand...
 
you can still use the old I140 as long as the old case was not fraudulent and USCIS withdrew the case. If the company withdraws your case, as long as you have a copy of the I140, you can use the old priority date.

pururwa said:
Thanks for your reply. Anybody else has any other viewpoint ?
So, If the company A decides to revoke the approved I-140 after I leave, could I still use the old priority date with my new case in company B ?

Thanks again...
Click to expand...
 
1 - I485 is your application while I140 is your sponsor's application; so technically speaking, you do not need any letter from the sponsor for the I485 supporting documents; however it would not harm you if you have a letter attached from your sponsor indicating that they are offering you the job position at the proferred salary mentioned on the labor application, which is greater than the PWD.
2 - I am not sure about this; but I am of the opinion that if it is a concurrent filing, it would make more sense to send all applications with the corresponding exhibits/evidences in the same envelope.

srsin said:
I have below questions:
1. When you are filing concurrent I140/485, do you not need any letter from employer for I485 when filing concurrent with I140. Employer has signed I140 petition. And I have signed all the forms required for the I485. Anybody knows this please confirm urgently. thanks.
2. When filing concurrently, the I140 Premium processing filing can it be done electronically. The lawyer is sending through the mail because it is concurrent filing but I140 as Premium processing.

Please post your answers. thanks.
Click to expand...
 
AC21 kicks in 6 months after application of I485. In the original posting regards to this issue, I understood that the applicant has not yet filed I485, possibly because of retrogression. If I485 is applied already, he/she could wait for 6 months and then use the AC21 clause for switching company/job in the same field as in the original application.

vikram77 said:
What about AC21 - cant you use that?
Click to expand...
 
craye said:
Please add my information to the tracker.

EB2 TSC cross-chargability
I140/Self I485/Spouse I485,I131,I1765/Child I485 RD: 9/21/2006 ND: 9/26/2006
I140 RFE: 10/26/2006 AD: 12/7/2006
Self I485 FP3: 10/10/2006 LUD: 1/8/2007
Spouse I485 FP3: 10/10/2006 LUD: 1/8/2007
Child I485 FP2: 3/9/2007 LUD: 3/9/2007
Spouse I131(AP) AD: 10/23/2006
Spouse I765(EAD) RFE: 10/10/2006 AD: 11/2/2006

Thanks...
Click to expand...

Craye, just wanted to extend wishes to welcome you aboard the CC thread. We're always happy to have more folks join in the conversation! Good luck!
 
pururwa said:
Hello All,

I have been out of the forum for a few weeks, was busy at work. How have you been ?

I have a better offer in the market and I am wondering how I can carry my approved labor and I-140 with me and file for 485 from the new company. Not that I need to file 485 since that has already been filed from my spouse's side (employer), but just want to know as a backup option.

I got my I-140 approved with company A recently. Now, I want to join company B.
Question: Is there any way I can join company B and file for my I-485 on the basis of approved I-140 from A ? Can I carry the approved labor and I-140 to company B ? Is it allowed ?

Thanks
Click to expand...

Hi Pururwa,
Been a while. Hope things are well.
WellWisher is right on the money. You can use AC-21 to switch employers, as long as the employer who initially sponsored you for the 140 does not yank the carpet from under you. If you are considering AC-21, check out the AC-21 thread thats off of the main I-485 issues board.
Like Prez said, make sure you don't p-ss off employer A.
Best
k
 
Early 2006 CC filers

Question for the early 2006 CC filers...have any of you followed up with CIS via an Infopass or via your elected officials to determine the status of your name check? Our applications are not only well over their stipulated processing times, but also well over their "currently processing applications with RD of".
It'll be interesting to know if you, as the primary applicant, are stuck in the name check while your spouses are cleared. The reason thats most interesting is simply the fact that I presume most of us primary applicants are of Indian origin, while our spouses are not (obvious cross chargeability tenet). Like I've said earlier, my wife's name check was cleared within a couple of months....June 2006....while I'm still stuck (both were sent to FBI in April 2006).
Its just interesting to notice a pattern wherein persons of Indian origin are more susceptible to be entrapped in name check than others. I am not sure if this is due to the sheer volume of individuals with similar names and date of births (possible given the populous nature of the continent), or for other reasons such as enhanced scrutiny.
Lastly, if you can confirm that either or both of you are still pending, has anyone undertaken steps to try and proactively get dug out of the hole? I've been in communication with my Senator's office as well as my Congresswoman's office....neither of whom can actually work to expedite the name checks, but anyway.
 
vikram77 said:
Hey All

Just got LUDs on both our 485's - wonder what they're about...

vik
Click to expand...

Whoa. Vikram...one of 3 things...either they're getting ready to transfer your case (highly highly highly unlikely), or, you can expect an RFE (highly highly unlikely, since its both cases), or, my opinion...break out the bubbly my friend.
Check if others are reporting mass LUDs. I dont want to get your hopes up, but this might be reason to celebrate.
 
gc_psraj said:
Guys, How many days does it take for an RFE notice reach the attorney once you get the online notification that an RFE has been issued. I got RFEs for both me and my wife for both AP and EAD. I got the email alerts on March 1st and 2nd. Nothing yet with 485.
Click to expand...

Got the RFEs on Friday for color copies of passport bio page.
Got biometrics appointment for next weekend for both self and spouse.
 
Hi Guys,

Like my name suggests I am new here. I filed for my I-140 and I-485 concurrently based on my wife's country of birth. She was born in Australia however holds Indian citizenship. My I-485 however was sent back stating that "No concurrent applications allowed for Indians". My lawyers re-sent our I-485 documents. In the meantime our I-140 has gotten approved. Should I have any concerns about my I-485? I am worrried that it will be accepted [because my I-140 is approved] and queued in indian quota?

Also my h1-b is expiring in May. Do I have to do anything about it?

Last but not the least, this community is very supportive and definitely provides a lot of mental strength [needed especially because the wait is excruciating]

Thanks again

Newbie Here
 
newbiehere said:
Hi Guys,

Like my name suggests I am new here. I filed for my I-140 and I-485 concurrently based on my wife's country of birth. She was born in Australia however holds Indian citizenship. My I-485 however was sent back stating that "No concurrent applications allowed for Indians". My lawyers re-sent our I-485 documents. In the meantime our I-140 has gotten approved. Should I have any concerns about my I-485? I am worrried that it will be accepted [because my I-140 is approved] and queued in indian quota?

Also my h1-b is expiring in May. Do I have to do anything about it?

Last but not the least, this community is very supportive and definitely provides a lot of mental strength [needed especially because the wait is excruciating]

Thanks again

Newbie Here
Click to expand...

Hello Newbie,
Congratulations on your 140 approval and welcome aboard. What it sounds like is that you've just experienced the classic ignorance of the cross chargeability by the mail room processors at the Service Center. Has your filing attorney highlighted that the applications were incorrectly sent back due to yours being a CC case? I believe most of us have undergone the exact same thing, and it is prevalent regardless of which service center your application goes to.
William had posted a CC cover letter which was dug up again recently. If your applications are returned again, this might come in handy. WellWisher also posted comprehensive details on how his attorney filed their cases very recently. Look at his post, 1362. I'm attaching a link below:
http://www.immigrationportal.com/showpost.php?p=1624606&postcount=1362

Keep us posted and keep the faith!
k
 
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