I-140 Approved, Second Labor from 2003 also got Approved

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whitesox12

Registered Users (C)
Hi,

I a questions regardin my GC. Currently my I-140 is approved but waiting for my priority date i.e. Nov 2005. Back in 2003 I also applied for GC but through a different company. Currently I am with a different company through which my I-140 is approved.

Today I got a call from my previous lawyer that my Labor Cert. I applied in 2003 is also approved. Any ideas what should I be doing.

Thanks
 
whitesox12 said:
Hi,

I a questions regardin my GC. Currently my I-140 is approved but waiting for my priority date i.e. Nov 2005. Back in 2003 I also applied for GC but through a different company. Currently I am with a different company through which my I-140 is approved.

Today I got a call from my previous lawyer that my Labor Cert. I applied in 2003 is also approved. Any ideas what should I be doing.

Thanks
Click to expand...

You could beg your former company to file another I-140 for the 2003 labor. Once it is approved you will be able to use that PD for I-485 with your current company.
 
My previous company has no problem filing I-140, but I am not sure if I'll be able to use the old priority date i.e. September 2003 for my current I-140 approved i.e. November 2005 as the job descriptions are different. On the old one I believe it is Microcomputer specialist and for the current one that is approved is software engineer.

So should I be able to apply for another I-140 too without affecting my current one that is approved. What if they reject the I-140 is it going to harm the current one or both of them will be independent.

Thanks
 
whitesox12 said:
My previous company has no problem filing I-140, but I am not sure if I'll be able to use the old priority date i.e. September 2003 for my current I-140 approved i.e. November 2005 as the job descriptions are different. On the old one I believe it is Microcomputer specialist and for the current one that is approved is software engineer.

So should I be able to apply for another I-140 too without affecting my current one that is approved. What if they reject the I-140 is it going to harm the current one or both of them will be independent.

Thanks
Click to expand...

AFAIK, they don't need to be for same jobs. As long you have the ability to perform both the jobs you should be ok. Also the 140's are independent of each other and they are for 2 different employers, which means both of them are interested in hiring you in the future and you can decide between either one to go with.
 
Is there any liability that at time of 485 I have to be working for the employer who sponsored me or during interview if they ask for tax papers etc. do I need to show it for the company who sponsored me or it's just once after getting GC I can work for that company.

I am working with Company B with whom I have I-140 approved but priority date is 2005.

My LC for Company A is approved and if I-140 also gets approved the priority date for that is 2003.

Now when applying for 485 and after adjustment of status through Company A do I need to go back and work for that company B or can I keep working with my current company A even after getting GC. Is there any liability of working with Company A before getting GC.

I know it's far but just wanted to make sure I take the right steps.
 
whitesox12 said:
Is there any liability that at time of 485 I have to be working for the employer who sponsored me or during interview if they ask for tax papers etc. do I need to show it for the company who sponsored me or it's just once after getting GC I can work for that company.

I am working with Company B with whom I have I-140 approved but priority date is 2005.

My LC for Company A is approved and if I-140 also gets approved the priority date for that is 2003.

Now when applying for 485 and after adjustment of status through Company A do I need to go back and work for that company B or can I keep working with my current company A even after getting GC. Is there any liability of working with Company A before getting GC.

I know it's far but just wanted to make sure I take the right steps.
Click to expand...

In my opinion (Not a legal advise) right steps should be as under.

1) Gather (Beg as MDwatch suggested )the copy of LC approval and I-140
approval from your past employer. Explain your past employer why you can
not join his company back but you would highly oblidged if s/he let I-140
from his company get used for your GC in cureent employment. IF you can
not convince then you have 2 choices 1) Forget using earlier PD and be
with current employer and go with GC process with new PD OR 2) Join
this previous employer back on or before 485 filing to get benefit of old PD.
2) If you can convince your past employer as mentioned in step 1, then
now you will have to just wait till your old PD becomes current
3)Assuming now your old PD becomes current, your current employer will file
485 with indicating to use the old PD and submit proper documentation
along with 485 file application
4) Once department accepts your 485 application and start process, make a
call to past employer for thanking him.
 
Different job descriptions do not matter.

whitesox12 said:
My previous company has no problem filing I-140, but I am not sure if I'll be able to use the old priority date i.e. September 2003 for my current I-140 approved i.e. November 2005 as the job descriptions are different.
Different job descriptions do not matter. Both I-140 should belong to same person. Remember one person can be qualified for n number of jobs.

On the old one I believe it is Microcomputer specialist and for the current one that is approved is software engineer.

So should I be able to apply for another I-140 too without affecting my current one that is approved. What if they reject the I-140 is it going to harm the current one or both of them will be independent.

Thanks
Click to expand...
 

Does it matter if:-

1. Company A LC was for EB3 - earlier PD
2. Company B LC is for same/different job description but for EB2 - later PD
3. I-140 approved thru both Company A & B
4. Can we use the old PD from Company A while filing I-485 through Company B?

Do you guys have any offcial document stating this?
 
File the I-140 with the previous company so you can salvage your older priority date. You can have more than 1 approved I-140, as the other person mentioned, as you may be qualified for numerous jobs.


whitesox12 said:
My previous company has no problem filing I-140, but I am not sure if I'll be able to use the old priority date i.e. September 2003 for my current I-140 approved i.e. November 2005 as the job descriptions are different. On the old one I believe it is Microcomputer specialist and for the current one that is approved is software engineer.

So should I be able to apply for another I-140 too without affecting my current one that is approved. What if they reject the I-140 is it going to harm the current one or both of them will be independent.

Thanks
Click to expand...
 
Last edited by a moderator:
Guys,

Please make this topic live with legal and technical details. Please put information regarding "IF and buts", loopholes, things to consider before porting old PD to new application etc..
 
I'm pretty much in the same boat..
Previous Employer (Company A) filed labor in 2002, which just got approved.
Current Employer (Company B) filed labor in 2004, NOT yet approved.

My previous employer although a blood sucking pimp; is cooperative in GC matters and is ready to do my GC all the way (I'll bear the lawyer costs).

Question I have is: Do I need to join company A if I keep the processing going parallel? If so at what stage?

I'm not too keen on bringing my PD to current employer, Its a big company and will have to go thru approvels etc hence will delay the process.

Please reply ASAP as I need to take a decision in the next few days.
 
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