I140 to I485

D

dozo

Registered Users (C)
Guys,
I have filed for my i140 on Nov 8th @ TSC. I am under EB3 (Labor Cert Dec 04). My lawyer told me I couldn't file i140 and i485 concurrently. Per Jan Visa Bulletin, they are processing up to Oct 02. Does that mean, even if I get my i140 approved, I will need to wait until visas become available for my Labor Filing Date (that is Dec 04)? I am little confused. If anyone could give me some insight, that will be wonderful.
Thank you.
 
Thanks for the info.
Damn.. it will suck to sit for another 2 years or so. I am on my 7th year h1. So, I will have to keep renewing it? Another thing, is that I can't upgrade from EB3 to EB2 at this point, can I?

I should have filed PERM last year as soon as I finished my masters. I was not sure whether to withdraw my old application or not.

Oh well....
 
1. Approval of I-140 and then filing H1B extension, when PD is not current gives you 3 years H1 extension.

2. You can file EB2 labor. File I-140 on this while capturing the EB3 PD.
I did this.
 
Thanks for the scoop.
If i file labor under eb2, will it mess up/affect my current labor approval under eb3??

I think i may need to go to another lawyer for that. Or is it possible to do on my own?
 
Why do you need to file in EB-2 ? EB-2 availability is worse than EB-3 now. EB-2 is retrogressed back to Jan 1, 2000

dozo said:
Thanks for the scoop.
If i file labor under eb2, will it mess up/affect my current labor approval under eb3??

I think i may need to go to another lawyer for that. Or is it possible to do on my own?
Click to expand...
 
dozo said:
Thanks for the scoop.
If i file labor under eb2, will it mess up/affect my current labor approval under eb3??

I think i may need to go to another lawyer for that. Or is it possible to do on my own?
Click to expand...

Labor filing is done by company/lawyer. You could choose another lawyer if you want. But you will need to file another I-140 on this labor to capture the PD.
 
Will it be hectic to change your job while i140 is in process and/or after the approval of i140 but you are waiting for visa quota for i485. i want to see if it is even possible. Please help if anyone have gone through this. Thanks.
 
If you want to change job after filing for I-140, you need to re-start the GC process from the new employer. However, if the I-140 gets approved you will be able to use the priority date from the old employer. You have to make sure the current employer does not revokes the I-140.
 
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