I140 - Please help

meetme

Registered Users (C)
Hi Gurus,

I am in a weird situation, at least I believe so. Please help me to decide on how to proceed

My first Labor Certification was filed on EB3/Traditional from CompanyA in Aug 2003. While the labor was pending at BEC, I switched job to CompanyB. CompanyB processed my H1B based on the pending Green Card petition with CompanyA.

CompanyB filed my new labor on PERM/EB2 in June 2007 and got approval in Jul 2007. We filed I140 and 485 making use of the current priority date in Aug 2007.

In September 2007 CompanyA labor also got certified after we did the Newspaper ad etc. I spend about $5000 in that process. I did it specifically for my H1B extension with CompanyB (since it is based on the pending Petition more than a year old) My Lawyer of CompanyA is pushing for I140 to be filed. I am in a dilemma due to the fact that CompanyA has only 2 employees and doubt whether the I140 will get approved or not.

Due to any reason my I140 with CompanyA is rejected when it would be? Will it be immediately after I file I140 or I will get some time (about 4-5 months).

Do I need to go ahead and file I140 with CompanyA? I know, if my I140 gets approved, I could port the priority date.

Do I need to be working with CompanyA to file I140? Do they ask for paystubs?

Would any one of you help me with this. I am confused and a bit scared too.

Thanks in advance for your advises.

meetme
 
Due to any reason my I140 with CompanyA is rejected when it would be? Will it be immediately after I file I140 or I will get some time (about 4-5 months).

It will be after some time (Min 6 months). Depends on the processing times of service center

Do I need to go ahead and file I140 with CompanyA? I know, if my I140 gets approved, I could port the priority date.

You can wait till 6 months of the LC approval date

Do I need to be working with CompanyA to file I140? Do they ask for paystubs?

No. GC is for future employement

Would any one of you help me with this. I am confused and a bit scared too.

Nothing to worry. Worst case, you can work on the EAD which you will receive
 
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