I-140 with former employer

C

cala

Registered Users (C)
Here is my situation:
- I moved from Company A to Company B in Jun, 2002
- I got I-140 approved in Aug, 2002 w/ Company A
- Now, my LC w/ Company B still pending

Since, it's taking too long for GC process w/ Company B, I'm wondering if there is any way I can file I-485 with Company A's LC and I-140 while working for Company B. It will be perfect that I'm in two process at the same time, will get whichever comes first.

Thanks
 
yes you can file using company A as green card is for future employment and provided if they agree and the approved labor is still available & not used for someone else and i140 is not revoked.
 
Thanks for the reply.
If there any way that I can file I485 without getting company A's involvement?

Originally posted by saigc
yes you can file using company A as green card is for future employment and provided if they agree and the approved labor is still available & not used for someone else and i140 is not revoked.
Click to expand...
 
If you have I-140 filing receipt then go to BCIS online and check if it still shows I-140 approved, take the printout. If you have copy of I-140 filing or copy of Approved I-140 better.

Just file the I-485 with all the required documents like copy of PP pages, recent H1 or past H1 approvals, copy of I-94 front and back. Copy of Birth certified or non-availability certificate with 2 affidavits, medical and 2 photographs, Fees, better file EAD, AP with I-485 and keep quiet for 6 months don’t inform past employer or any of your friends for 6 months till the date I-485 does not hit 180 days. No need of past employer letter with I-485 they are taking more than 3 years to approve I-485 at this time and will discover that no letter from employer was found only at final stage of I-485 approval and at that time they may send RFE or you can send new employer letter once your I-485 hits 180 days and at that time send new employer letter and invoke AC21. Many have done this. Go for it.
Good Luck!!!
 
Thanks you so much for your reply. Still have three questions:
1. Do I need a lawyer to file I-485?. If I'll do it myself, where to get info on how to do it?
2. I don't know I'll qualify for the 180-day rule. (I changed job even before I-140 approval). What should I say on the AC21 letter?
3. Does this have any impact on my current GC process if it got turned down.


Originally posted by ginnu
If you have I-140 filing receipt then go to BCIS online and check if it still shows I-140 approved, take the printout. If you have copy of I-140 filing or copy of Approved I-140 better.

Just file the I-485 with all the required documents like copy of PP pages, recent H1 or past H1 approvals, copy of I-94 front and back. Copy of Birth certified or non-availability certificate with 2 affidavits, medical and 2 photographs, Fees, better file EAD, AP with I-485 and keep quiet for 6 months don’t inform past employer or any of your friends for 6 months till the date I-485 does not hit 180 days. No need of past employer letter with I-485 they are taking more than 3 years to approve I-485 at this time and will discover that no letter from employer was found only at final stage of I-485 approval and at that time they may send RFE or you can send new employer letter once your I-485 hits 180 days and at that time send new employer letter and invoke AC21. Many have done this. Go for it.
Good Luck!!!
Click to expand...
 
Last edited by a moderator:
Thanks you so much for your reply. Still have three questions:
1. Do I need a lawyer to file I-485?. If I'll do it myself, where to get info on how to do it?
---- Better hire your lawyer he/she may say that please bring the latter from past employer inform her to file with out the letter if the lawyer does not agree go to other lawyer. If you want to file yourself better download the I-485 form from USCIS site read the instructions

2. I don't know I'll qualify for the 180-day rule. (I changed job even before I-140 approval). What should I say on the AC21 letter?

------ No need to send AC21 letter, just file I-485, EAD, AP, even if changed job before I-140 approval no problem, one is not supposed to work with employer, GC is for future job.
3. Does this have any impact on my current GC process if it got turned down?
---- NO, you are not committing any immigration fraud, you are just filing I-485 based on approved I-140 and you are eligible if I-140 is not revoked, once I-485 is pending more than 180 days you invoke AC21 and send the AC21 letter or when at final stage of I-485 approval you get RFE then send the AC21 letter and new employer letter for future permanent job
 
Do you mean if the status on BCIS saying approved, it means I-140 still valid and not revolked by the employer?

Originally posted by ginnu
If you have I-140 filing receipt then go to BCIS online and check if it still shows I-140 approved, take the printout. If you have copy of I-140 filing or copy of Approved I-140 better.
Click to expand...
 
Do you mean if the status on BCIS saying approved, it means I-140 still valid and not revolked by the employer


----- YES, if it says approved it means your I-140 is valid
 
Thanks for the reply.
Do I need to send the approval of my current H1B at this time?
If I sent I-485 & EAD without employment letter, can I get EAD approved?
 
Last edited by a moderator:
Do I need to send the approval of my current H1B at this time?
---- You need to attach copy of your H1 approval notice or copy of I-94 ( both the sides) just to show USCIS that you are on nonimmigrant status and entered US with valid status with I-94
If I sent I-485 & EAD without employment letter, can I get EAD approved?

---- if you file I-485, EAD, AP you will get EAD and AP approved as you will attach the copy of I-140 or the receipt of I-140 filing, USCIS is only interested in your I-140 pending or approved and will just check the fees, photographs and medicals are attached and I-485 form is correctly filled up. You will get EAD but better don’t use EAD for 180 days after filing I-485, once I-485 filing hits 180 days you can use EAD , can change job on H1 to H1 transfer or by EAD, if any problem in H1B visa stamp in future always keep valid AP with you and don’t forget to renew EAD, AP 6 months advance even if you don’t use EAD or AP they are for back upo.

*** if you have your spouse, kids in US file the I-485, EAD AP for them with your I-485
 
On I-485, there is a question:
"Have you ever before applied for permanent resident status in the US?, If yes, give the the date and place of filing and final dispostion"

If I file I485 on my own with former employer's I140, at the time when my current enployer file another I485 for me (about 6 month later), do I need to put the info on my 1st I485 filing?
Will this cause confusion or any negative impact on my application?
 
You must log in or register to reply here.
Top