I 140/ I 485 / EAD Question With Old PD !

C

chandra shekar

Registered Users (C)
Hello Folks.

I have my PD of 3/2000 and got laid off during my I485 stage. Now I have filed another GC and my labor is almost getting approved in a couple of months. Also, my 6 years has expired and I have filed for 7th year extension.
My questions to you folks is as follows

1. In what way my old PD plays in getting approval for the present petition and does it save time in backlogs.

2. If I file EAD at the time of I 485 and I 140 , will I get approved in 90 days.

Any suggestions and advice is welcome. Good luck to all of you

Thanks
Shekar
 
I have my PD of 3/2000 and got laid off during my I485 stage. Now I have filed another GC and my labor is almost getting approved in a couple of months. Also, my 6 years has expired and I have filed for 7th year extension.

My questions to you folks is as follows

1. In what way my old PD plays in getting approval for the present petition and does it save time in backlogs.
The answer will depend on few questions:

A. Did your past employer filed I-140 and then I-485? What is the receipt or ND off Pending I-485?

B. Did your past employer revoked I-140 or you do not know, did you have receipt of Past I-485 filing? Past employer only can revoke I-140 not I-485.

C. Do you now plan to file concurrent I-140, I-485 EAD, and AP?

D. You were got laid off after fining I-485, do you know if the I-140 that was the base of that I-485 is still approved, if you have I-140 # check it online

2. If I file EAD at the time of I 485 and I 140, will I get approved in 90 days?

--- For concurrent filing first BCIS check if I-140 is approvable, if they find it is ok then you may be able to get EAD in 90 days but no body is sure, I read last month in some lawyer site that now BCIS will approve EAD after approval of I-140, and that depends on different service centers

Any suggestions and advice is welcome. Good luck to all of you
--IN which Service center your past I-140 and I-485 was filed?, When I-485 was filed and when you were laid off

-- Are you going to file your I-140 and I-485, EAD, AP in same service center or now in different service center?

--- Don’t forget to inform your new Lawyer who is going to file your I-140 and I-485, inform him that previous employer filed I-140 and I-485 and provide him your A # that is on your I-485 receipt, on EAD and on AP
 
Hello Ginnu:

Here is the reply for your questions.

A.Did your past employer filed I-140 and then I-485? What is the receipt or ND off Pending I-485?

I got laid off the day before I-485 was filed. My PD is 03/2000.

B. Did your past employer revoked I-140 or you do not know, did you have receipt of Past I-485 filing? Past employer only can revoke I-140 not I-485.

No revocation of I-140 as the company went bankrupt.

C.Do you now plan to file concurrent I-140, I-485 EAD, and AP?
Yes.

D. You were got laid off after fining I-485, do you know if the I-140 that was the base of that I-485 is still approved, if you have I-140 # check it online

I have approved I-140.

E. Which Center will I be filing.

I will be filing in Vermont and had the past application in Vermont as well.

Thanks for your interest regarding my case. Hope to see more insight and help. Thanks and good luck Ginnu.
 
Last edited by a moderator:
chandra shekar:

You have below options:
1. file I-140, I-485, EAD, and AP in VSC and inform your lawyer the A# that you got on receipt of earlier filed I-485 with VSC; lawyer needs that to fill up form I-140 and I-485
Once you file I-140 and I-485 with VSC and your I-140 is approved by VSC then provide the copy of approved I-140 to your lawyer to draft a letter for VSC that this approved I-140 should be attached to your earlier Pending I-485 (attach the I-485 Receipt or A #) then the VSC will attach your approved I-140 to pending I-485 and you can use that PD and case can be approved for new employer (remember in this situation you are not using AC21 just trying to capture PD of earlier filed I-485) (your lawyer may also suggest that no need to file new I-485 and file only I-140, If I am in your situation I will file new I-485 becase if anything wrong goes with job with this employer I would like to have my I-140 approved and I-485 pending more than 180 days to use AC21 in future.)

2. You can file your I-140 for CP and go for CP and pending I-485 will automaticaly become void if you get immigrant visa.
If your consulate is Bombay or Delhi Consulate, they also accept Attorney Certified I-140 packet (copy of approved I-140 and all documents submitted to BCIS with I-140 filing all are certified by attorney) and once they accept your case they send Email to attorney that your case has been accepted for CP and you may get Interview after 2-3 months after submitting your AC-I-140 to consulate. Ask your lawyer if he/she has exp with AC-140


3.If still I-485 is pending with VSC and you have Receipt of earlier I-485 filling and copy of approved LC from Previous employer and you have approved Copy of I-140, and your company went bankrupt (not your fault) you can use AC21, if you fulfill the other criteria for AC21 (remember no final regulations for AC21 till today have been published.


***FYI if your earlier I-485 is pending still you can get EAD and AP based on pending I-485 till the time it is not approvedor denied
Let me update what your lawyer says.

Good Luck!!!
 
Thanks Ginnu

Hello Ginnu:

Thanks for your insight and your time. Now I have an idea what to do. Thanks once again

Regards
Chandra
 
You must log in or register to reply here.
Top