EB1 & I485 Concurrent Filing -- A Strange Situation

alien_1971

Registered Users (C)
My situation not is a little strange and I would appreciate any insights for the case.

I filed 2 EB1 cases in July 2002 ¨C OR as a company petition and EA as a self petition. Both case are represented by the same lawyer hired by the company, but I paid the additional fee for my self petition EA case. My I485 concurrent filing has been delayed due the uncertainty of company¡¯s green card policy. Both I140 are still pending with TSC.

I have recently received a tenure-track assistant professor position in reasonably good university (top 100), which I decide to take. I will and can only start the job in middle August. I don¡¯t want to inform the company and its lawyer too early since there is still >4 months before I can start the new job and the company is under great pressure to cut back work force.

I understand that the OR case will be invalid since I haven¡¯t file I485 so far, so I need to rely on the EA case. I plan to find another lawyer to concurrently file I485 with the EA case so my wife can get EAD early; it can also cover my status just in case there is any trouble with the H1b transfer. My questions are:
(1) If I file I485 with another lawyer and don¡¯t inform my current I140 lawyer (company¡¯s lawyer), will it be potential conflicts or troubles?
(2) If I file I485, I will need to use the university job offer letter (my current employer won¡¯t provide an employment verification letter). Does it shows some inconsistence with EA I140 that filed last July (based on the current position, of course), and stimulates an RFE for I140 case?
(3) If I fail the EA cases, what are other options that I have?

Anyway, now I guess that I need to decide that whether it is a good idea to concurrent file now or I should wait until moving to the new position. Any suggestions are highly appreciated.

Thanks a lot!
 
Top