Is this option possible?

[ss_guy]

I am working in consulting company. My I-140 is approved and I-485 is pending since June 2003 under EB3 with PD 11/2002.

My client wants me to join with them. I can’t use AC21, job title and descriptions are different.

So i am thinking of the following option. Please let me if this is possible.

Step 1: Apply H1B with premium process
Step 2: Apply I-140 with premium process using sub LC (PD 9/2001, eb3) before I join with client based on future employment.
Step 3: Update I- 485 with new I-140 using Inter filing.
Step 4: Notify the current employer
Step 5: Join with current client.

 

[gcjan]

There is a discussion going on about Elimination of LC substitution. Why dont you talk to your attorney?

Extract from immigration-law.com
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01/30/2007: Clarification of LC Substitution Elimination Final Rule Making Process

After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.

 

[ss_guy]

Yes, i checked with lawyer and it will take long time to implement.

I will be joining with my client after my new I-140 approval.