Gurus, Please help

L

LaborUnknown

Registered Users (C)
Hi All,

My Labor is pending at Atlanta, and hopefully would get approved soon.

This labor is from my previous company and recently I joined the new company.
( due to my client policy, They forced us to chage the company ).

My old employer is ready to support the GC process and saying that he will continue my GC process as long as I'm paying for that.

My question is that:
Can I apply for 140/485 based on the labor from my old company. ?
Or
Do I've to opt for "Condular Processing" because I'm not with the same company.

Will there be any RFE regarding W2 in future, and if there is RFE regarding W2 and I don't have W2 from this old company, but have W2 with some other company.... what would be situation..

I'm just worried..

will really appreciate your help..Please response..ASAP..

Thanks
 
As far as I know, and I am pretty sure about this, you cannot port your labor approval to another company. The I140 has to be filed by the same company.

Sorry.
 
You can continue if..

your old employer files your I140 AND I485 as future employment.

Once your I-140 gets approved and I-485 has been pending for more than 180 days, use AC-21.
 
Thanks DHARMA16 !!

Thanks DHARMA16,

I think you understood it wrong.

The labor is filed with company company A.

And I'm currently working with company B ( joined Recently, two week, was not having any option.)

Company A is ready to continue my GC process as long as I'm paying for the Process. ( Lawyer and Ins Fees etc..).

My labor with Company A is almost there and probably would get approved by the end of this month..

My question here is that, Can I file for 140/485 concurrently with company A
as they are supporting me ( Based on the future employement..)

My only doubt is that I can file for 140, But 485 is adjustment of status..
I don't know whether I would be able to file 485 or not because I'm not working with them...

should I opt for Consular processing from company A. ?


Will there be any problem in future regarding W2 for company A etc...Because I'm not working with company A...

But I'm trying hard to find a job with company A, And I'm just waiting for the Labor, Once labor is approved, Probably I would double my search for Job from this company....


Thanks again for your prompt response..
 
Hi friends,

Need help to figure out what are my options. My I-140 is approved I have EAC number but not the approval copy. Same is true with Labor , I don't have labor application or job description of labor application. My ND- 485 is 07/28/2003 (which is close to approval I guess). I have joined another company on higher salary and want to file AC21.

Since it requires for AC21 that both jobs should have matching profile. How can I get job profile from previous labor. Second if my old employer applies for denial or cancellation of my application then will it generate NOID and then I will have to file AC21.

Please advice
 
labor

Hi there!
If I'mm not mistaken you have applied your labor with company A and you have not filed your I-140/485 yet.
Remmember once your labor is approved you can apply your I140/485 within the same territory and same job description where your labor was approved. It does not matter which company you apply A, B, or C. Labor approval is only when no other American can work or do your particular job. Yes once you filed your I 140 with company A, still under portability you can change your job after completetion of 18 months. For more information you can ask your lawyer.
With W-2 you don't have to worry. It takes 2-3 years once your adjustment case comes up.
I am not a lawyer or legal advisor only a reader in this forum.
 
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