multiple i140, i485

G

getmeone

Registered Users (C)
I am thinking to ask my new employer to file new labour, i140 on eb2. my questions

1. If the new labour is denied what is the impact on current i485
2. If the new I140 is denied what is the impact on current i485
3. After new i140 is approved, should I file new i485 or can i use old i485
4. If I have to file new i485, I know I can get old labours priority date. Will I get new A# or they assign old A#.
5. If I get new i485 receipt, what happens to old i485. Which i485 should i use to renew my EAD. I am using ead with new employer.

Has any one filed multiple i140 / i485 and EAD. Appriciate your help
 
getmeone said:
I am thinking to ask my new employer to file new labour, i140 on eb2. my questions

1. If the new labour is denied what is the impact on current i485
-----------nothing
2. If the new I140 is denied what is the impact on current i485
------nothing
3. After new i140 is approved, should I file new i485 or can i use old i485
---------------- if new I-140 is approved you can send the copy of new I-140 approval for Interfiling with pending I-485
4. If I have to file new i485, I know I can get old labours priority date. Will I get new A# or they assign old A#.
------------ if you have A# and file any petitions then write that A# on the forms so that you dont have dual A# (dual A# delays the process)
5. If I get new i485 receipt, what happens to old i485.
----------------Old I-485 will be approved according to PD(if the first I-485 gets approved second will be denied)
Which i485 should i use to renew my EAD.
---------any pending I-485
I am using ead with new employer.

** if you file second I-140 write your A# on the form I-140, if you file second I-485 write on the form your A#
Has any one filed multiple i140 / i485 and EAD.
------------I know about 5-6 cases
Appriciate your help
Click to expand...
 
Thanks Ginnu. You are helpfull as always.

Can the new labour job description be the same as old job or should it be different. Currently I am on category EB3, thinking to move to EB2.

I want to use same I485 receipt and A#. What happens if the new employer let me go / fires / laysoff after changing the underlying i140. Can I use AC21 even if i140 is revoked either before or after 180 days. I already used AC21 once.

Thanks again.
 
getmeone said:
Thanks Ginnu. You are helpfull as always.

Can the new labour job description be the same as old job or should it be different.
---------------can be same or can be different
Currently I am on category EB3, thinking to move to EB2.

I want to use same I485 receipt and A#. What happens if the new employer let me go / fires / laysoff after changing the underlying i140.

Can I use AC21 even if i140 is revoked either before or after 180 days.
-------------------if I-140 is revoked BEFORE I-485 pending more than 180 days you may not use AC21
I already used AC21 once.
----------- if used AC21 after I-140 approved and I-485 pending more than 180 days you are protected by AC21
Thanks again.
Click to expand...
if you want to file new LC under EB2 then let the employer file it then file I-140 with premium processing once I-140 gets approved then post for more info. at the time of filing second I-140 ask the lawyer to recapture early PD.
 
Ginnu
Thanks again. I spoke to my company folks and they are saying like "if we file labor, i-140 recapturing old PD, then we should file new i-485" I think filing new i-485 will cause more delay because of background and name check.

Any suggestions ?
 
getmeone said:
Ginnu
Thanks again. I spoke to my company folks and they are saying like
"if we file labor, i-140 recapturing old PD, then we should file new i-485"
-------------- new I-485 is not needed but if they want to file one can file second I-485 and write your A# on second I-485
I think filing new i-485 will cause more delay because of background and name check.
----------Second I-485 will not delay background and name check.background and name check is done on your Name, DOB and both I-485 have the same info... if one I-485 name check is cleared then second will be also cleared.
** why they talk about I-485 at this point? first file the LC and then I-140 after I-140 gets approved then think of second I-485


Any suggestions ?
Click to expand...
 
Getmeone, Did you try multiple I-140 and interlacing with previous I-485. What are your experiences.

Ginnu, I am planning to go through this route. Are there any risks associated in this route. Specifically, if the new I-140 with a reference to existing I-485 is denied would that effect the original 140 or 485. Though you already explained there is no impact, in my case my original I-140 is not yet approved. I have suspicions that my 140 will be denied, so wanted to file new 140 and point to that.

Thanks for your help and suggestions
 
Last edited by a moderator:
If an I-140 is denied the I-485 will be eventually denied. However, there exists a 30 day deadline for MTR (motion to re-open) or appeal. Till then the pending I-485 is not acted on.
 
hi manwithnoname,
even when the uscis denies I-140 under eb2 and gives an option to re-file under EB3, would the I-485 be still denied?
my company attorney is not filing a MTR as USCIS decided the job offer didnt qualify for an EB2....

thanks..
 
curious21 said:
hi manwithnoname,
even when the uscis denies I-140 under eb2 and gives an option to re-file under EB3, would the I-485 be still denied?
my company attorney is not filing a MTR as USCIS decided the job offer didnt qualify for an EB2....

thanks..
Click to expand...
Any update in your case?
 
Hi Guys,
I have a concurrent filed application (140 still pending) dated back to Oct 2004 and another I-485 application from July, 2007 from different labor but a recently approved 140. My current EAD & AP is based on the first 485 (Oct 2004) which are due for renewal in next 4 months. Now I want my EAD/AP to be based on July 2007 I-485 (second one) since underlying 140 is approved. Here is my dilema:
1. When I renew EAD/AP should I check that its renewal or initial application option.
2. How can I make sure (atleast try) the new EAD/AP will not be tied to old 485 but the new one (will send the new 485 receipt & 140 approval notice).

Thanks for any suggestions/thoughts you might have.
Thanks
 
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