Filing I-485 from multiple employers

[ram_gc]

Hello Gurus,

I have a question about filing I-485 from multiple employer. If I have my I-485 filed through company X and decided to quit X and join company Y. Can I start my I-485 through company Y within 2-3 months of filing date from company X. Both the comapnies belongs to CSC.
Greatly appreciate any responses.

Thanks

 

[pralay]

Hello Gurus,

I have a question about filing I-485 from multiple employer. If I have my I-485 filed through company X and decided to quit X and join company Y. Can I start my I-485 through company Y within 2-3 months of filing date from company X. Both the comapnies belongs to CSC.

Yes, assuming both company X and company Y have different I-140s for you, you can file multiple I-485. However, keep in mind that only one of your I-485s will be approved (whichever processed first) and rest of the I-485s will be denied. There are many ways to deal with this situation. For example, using AC-21 (after 6 months of I-485 application).
Or, filing 2nd I-485 company Y now and then withdrawing 1st I-485.
Or, get GC from company X and work for awhile there and then join company Y.

Each one of them has disadvantages and advantages.

 

[rk4gc]

You cannot file I-485 alone as far as I know by an employer.

Your case may be one of these scenario's

1. We can ignore your status with company X. With the case of company Y. you have substitute labor and the are going to file I140 and I485 together.

2. You have started your Green Card process with both comanies and both filed I-140 and is approved in both places. I-485 is already filed with company X and now you are thinking of moving to company Y and start the I-485 process again.

In either case yes, you can file from company Y I-485 or better you can attach company Y's I-140 to the current I-485.

btw, it makes sense to other members if you give a clear picture of your case instead of giving a vague description.

good luck,

 

[ram_gc]

Thanks for the replies. Actually this query for one of my friend. Sorry if I was not clear. Here is what happened. His I-140 was filed through company x in 2001, but he resigned and joined company y. Started his LC through company Y.
He filed his I-140 in september through company Y but they are not willing to file his I-485 for an year. So he contacted comapny X and they are willing to file I-485. So he is in confusion whether to start from company X and resign company Y or start from company X and then company Y ?? So it looks like from your replies ok to start I-485 from two employers.

Thanks