Dilemma- Please help

gckavali

Registered Users (C)
1. I filed both 140/485 (Vermont) concurrently EAC03******** using substitute labor (prospective employment) with notice date 9/2/2003. I received 2nd EAD/Advance parole 2 months back. My fingerprints are done on 10/28/2004 and received 11/04/2004. I know this case has a potential to get approved anytime. This case is filed as System Analyst. If I pursue with above option then do I have to work for prospective employer after approval- is it a law? Will I risk my GC status if I don’t work for prospective employer? In worst conditions, how much time will it take to withdraw this case and go with option 2.

2. Secondly, I recently have my own labor approved (filed as QA Manager) from the current employer whom I work with a different Job description as compared to the substitute labor above (1). Do I have any problems with 1-140 filling this time as I have already one open I-140 with different Job description/experience in option 1? My current employer is rushing me to file 140/485 (Vermont) concurrently. I am at the end of 7th year extension of my H1-B- our employment policy is to work on EAD ASAP as employees pay for it. I work for big company (almost government policies) and I already communicated everything frankly about my situation to HR and as well as my attorney. We all know that we need to file only one 485 at any time. Will I risk my employment if I don't go thru current employer as I have to work for prospective employer if I go thru option 1 which is still open Or do you advice me to go thru option 2? Gurus please advice, which option is better for me ASAP (1 or 2).
 
problems written all over...

You have filed GC as system analyst and are working as QA manager so you are not eligible for straightforward AC21. Now you can make a case by twisting your duties but it will be tough and chances of rejection are high. To use that impending gC approval you will have to join the filing company as a system analyst when GC is approved or before that. Otherwise it is a fraud case and you will be in serious trouble at the time of citizenship appl. or before.

If you go with option B, you have to withdraw your existing 485 application and refile 140-485 with your current employer. Don't see a problem with that except the time it will take and impending EB3 retrogression. Think and act fast.
 
gckavali said:
I am clear now, I better go with second option.
Also you can file another 140 and you can have as many 140 as possible. do not change your employment letters in this case. If you provide the same documentation as before, you will be OK. If you are planning on changing your employment letters with the new filing, then you will be in big trouble because USCIS will see one employment letter stating something and another stating something else. Since you have a 140 filed you have a A# available and alloted to you. You will need to provide the same A# to USCIS when you file again and all your files will be linked in their computer.
 
Thankx Dazzling

My biggest concern is that what you mentioned...I don't know how to manage, as I have already submitted my original set of copies to my employer's attorney ( as I am in company for last five years and they have my history) and the second set of copies (substitue labor) are entirely different. I don't know what to do. However, this forum is great and thankx for all the info
 
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