Gurus!!Please Help me!!

[Sabu]

Friends,
I will have to decide something very important soon and I need your advise. Kindly help me Gurus.

My I-140 got denied due to incorrect reasons and we filed for an appeal in Jan 2003. Now the online status and AVM status states that all my petitions are pending. (My I-140, I-765, I-485, My wife's I-485). Earlier Status was "Denied". It is more than six months now and nothing happened so far. TSC neither approves my I-140 nor sends to AAU, Washington.

My H1B is going to expire soon and I found an Employer in Nebaraska Service Center, who is willing to sponsor me and to file I-140/I-485 with approved labor. I have to say "Yes" to them soon.

My questions here are
1. According to AVM and Online Status, My I-485 is pending now. Is it O.K to file another I-485 from different Employer in Different Service Center?

2. After I file I-140/I-485, if my old I-140 gets approved , what are my options?

3. Is there any way, I can file I-140 with new Employer in Nebaraska Service Center with I-485 which is pending in TSC?

4. What are the options for this situation?

For your information, I have never worked for the current sponsor so far. But I will be working with the new employer, if I choose to join.

Thanks,
Nanshi.

 

[guju]

I think, what you can do is have your first employer retrieve the 140 and 485, and then have the second employer file the new 140 and 485. This sounds like the safest way to me, but then again it will take longer. I think you better talk to a lawyer, because there could be lot of loopholes and small details that we don't know and could potentially create a problem for you.

 

[ginnu]

Nanshi:

Friends,
I will have to decide something very important soon and I need your advise. Kindly help me Gurus.

My I-140 got denied due to incorrect reasons and we filed for an appeal in Jan 2003. Now the online status and AVM status states that all my petitions are pending. (My I-140, I-765, I-485, My wife's I-485). Earlier Status was "Denied". It is more than six months now and nothing happened so far. TSC neither approves my I-140 nor sends to AAU, Washington.

My H1B is going to expire soon and I found an Employer in Nebraska Service Center, who is willing to sponsor me and to file I-140/I-485 with approved labor. I have to say "Yes" to them soon.
--- File H1 transfer
My questions here are
1. According to AVM and Online Status, My I-485 is pending now. Is it O.K to file another I-485 from different Employer in Different Service Center?
-------- One is allowed to have 2 I-485 based on different LC, I-140 filed by different employers, nothing wrong in it

--- Read the thread there was discussion about it
http://britishexpats.com/forum/showthread.php?s=&threadid=160856

Also visit:
http://www.immigrationportal.com/showthread.php?s=&threadid=88178

2. After I file I-140/I-485, if my old I-140 gets approved, what are my options?
---- If you’re past I-140 is approved and not revoked by employer or BCIS you may use AC21, you will have 2 cases I-1485 pending at same time if first is approved then second automatically becomes void after you get GC stamp, if earlier case has some problem your new I-485 pending based on new LC and I-140 will help, nothing to loose

3. Is there any way, I can file I-140 with new Employer in Nebraska Service Center with I-485 which is pending in TSC?

--- One can file I-140 in the BCIS that covers the employer Head office, if your new employer H.O is under NSC you can file, it is straight, file I-140, I-485 with approved LC, you just have to provide your new Lawyer you’re A # that he/she needs for I-140 Form and I-485 form( you can check your earlier I-485 receipts you and your wife have A # written on the receipt you and your wife have different A #) provide it to new lawyer

4. What are the options for this situation?
-- Good
For your information, I have never worked for the current sponsor so far. But I will be working with the new employer, if I choose to join.
-- That is ok, GC is for the future job
Thanks,
Nanshi