Multiple Green Cards / I-140's?

D

dgarstang

Registered Users (C)
All,

There was no top level green card forum I could post in, so I figured the I-140 forum was the most appropriate.

Is it permissable to have two employment based green cards (different states) being processed at the same time? Of course the green card is a promise by an employer to hire at a later date, so for a moment I thought it would not be allowed... but having two concurrent jobs is legal, so why not?

Thanks,
Doug.
 
Two LC - Allowed
Two I-140 - Allowed
Only one I-485 allowed

--Vortex

Originally posted by dgarstang
All,

There was no top level green card forum I could post in, so I figured the I-140 forum was the most appropriate.

Is it permissable to have two employment based green cards (different states) being processed at the same time? Of course the green card is a promise by an employer to hire at a later date, so for a moment I thought it would not be allowed... but having two concurrent jobs is legal, so why not?

Thanks,
Doug.
Click to expand...
 
Vortex,

Thats funny. Thats not what my lawyer said...

My question was:
"Is it permissible for me to have TWO green cards in the works? Am I allowed to go out and get a second job, with a second H1B and also have that employer start the green card process, in a different state?"

and his response was:
"Yes. Yes."
 
Starting second green card means :
1. starting another LC, may be from same or different state
2. once LC is approved, start another I140.

I485 is adjustment of status based on your approved I140.
If you have more than one I140, apply I485 in a service center that is fast in processing based on available approved I140.

summary :

more than one LC - allowed
more than one I140 - allowed
ONLY ONE I485. Means only one green card.
 
Get basics straight

Hi,
You need to get basics straight.
Green card processing is a combo of
LC + I140 + I485

Any number of LC's can be filed for one person.

Any Number of I140 can be filed for one person

But the person can only file ONE I485 all over the USA.

So if your lawyer said 2 GC can be filed he is partly right. Yes processing can go on up to the moment I485 needs to be filed. From there only one application can go forward and the others need to go into the trash.

Hope this helps.

Sekhar
 
how about this

Already applied for I140/485. At a later stage can one apply for another I140 and then link it to the existing 485.

i.e can one 485 support 2 I140s.
 
140/485

Could somebody guide me in the right direction?

H1 sixth year ends July 2005
140/485 applied in April 2004

Let us suppose 140 is denied a year later (04/2005).

To save myself

1)can I have another H1 in place now (from a new employer) and work part-time using it and using the EAD of the current 140/485?

2) can I go for a new 140 from the new employer applied right after the denial of the first 140?


TIA
 
Re: how about this

That is called I-140 substituition. While linking the 485 to the new 140, then previous 140 goes to trash. One 485 cannot be based on 2 140's. The reason is 485 being a petition to adjust your status from Non-Immigrant/ others to an Immigrant (LPR).

--Vortex.

Originally posted by rajudm
Already applied for I140/485. At a later stage can one apply for another I140 and then link it to the existing 485.

i.e can one 485 support 2 I140s.
Click to expand...
 
Re: 140/485

1. Sorry, I dont have an answer for your first Q.
2. You dont have to wait for your 140 to get denied to apply a new one. You can right away apply for another 140 (for future employment). If at all your exisitng 140 gets denied you can do a 140 substitution to link your 485 to the new one.

--Vortex.

Originally posted by msatl
Could somebody guide me in the right direction?

H1 sixth year ends July 2005
140/485 applied in April 2004

Let us suppose 140 is denied a year later (04/2005).

To save myself

1)can I have another H1 in place now (from a new employer) and work part-time using it and using the EAD of the current 140/485?

2) can I go for a new 140 from the new employer applied right after the denial of the first 140?


TIA
Click to expand...
 
vortex

Thanks for your response.

The I140 substitution should happen before the existing I140 gets denied. When an RFE response to I140 is sent, can a request be made to shift I485 to the new I140 if they intend to deny? Or is it a bad idea to put this in their mind when they are evaluating the existing I140.

I will try to get the EAC number for the new I140 based on NIW before the expiry date of RFE response. Let me see what happens.

thanks
 
Many thanks, vortex, for the info. I have been following different threads on 140. Apart from educational qualifications, experience letters per labor certification and employment offer letter, do you know of any other reasons for the denial of 140?
 
msatl

a big thing.... "Ability to Pay". When a company is small (less than 100) people, service centers issue ability to pay RFE. If the company doesn't have 'Net Current Asset', I140 will be in danger of denial.
 
Re: vortex

You say, you are going to apply the new I140 based on NIW. Is the previous 140 based on NIW?

Reson is, 140 substitution has its own restriction, out of which as per my knowledge NIW to non-NIW substitution is not possible. And I read somewhere that EB2 to Eb3 and vise versa is possible.

--Vortex.

Originally posted by rajudm
Thanks for your response.

The I140 substitution should happen before the existing I140 gets denied. When an RFE response to I140 is sent, can a request be made to shift I485 to the new I140 if they intend to deny? Or is it a bad idea to put this in their mind when they are evaluating the existing I140.

I will try to get the EAC number for the new I140 based on NIW before the expiry date of RFE response. Let me see what happens.

thanks
Click to expand...
 
vortex...

My current one is Eb2 RIR. can it be substitued with NIW? or it has to be in the same class?

In that case I have to find a labor subsitution quickly if I have to substitute I140.
 
Re: vortex...

No NIW - nonNIW substitution allowed. I think you better consult a lawyer on this.

--Vortex.

Originally posted by rajudm
My current one is Eb2 RIR. can it be substitued with NIW? or it has to be in the same class?

In that case I have to find a labor subsitution quickly if I have to substitute I140.
Click to expand...
 
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