Need urgent help

nk01

Registered Users (C)
Hello Friends
I am in a very challenging situation. Currently I am working for a company A which acquired company B in East coast around 3 years back. This company A filed my labor in california in early 2003... and as you might guess .. is struck badly in fed..
I recently came to know company B had an approved labor for my position...
I got that labor details... Now everything pretty much matches up :
It said Ms+2 years and xyz job resp
I had BE+3 and exact same job resp... at time of filing labor
I know education is a mismatch.. but lawyer says... it's still a chance if you can get degree evaluation with experience

My Lawyer is saying it's worth a try to file 140/485 concurrently right now..
and in case 140 gets rejected we can file a new one assuming my labor in progress will be approved. Also she said since 485 will already be filed, we will not need to refile 485 in that case.

Now my situations is that... my spouse has got a job offer and we really want to give it a shot...

Please advise me in this scenario or if you have any knowledge in cases like this...

Thanks in advance :confused:
 
MS+2 labor with BE+3 sounds really shaky. I think your chances are very slim and you should plan based on the assumption it will get rejected. Also, EAD/AP is not sure even for the 4-8 months between filing to 140 adjudication, because if they discover this in the initial review, they may not issue EAD/AP till 140 clears (which likely will not clear).

If your own labor is EB2 (MS or BS+5) then I would wait for the LC to come through and smoothly sail through rest of 140/485 process instead.

However, if your own labor is EB3 (BS), and given that EB3 dates will regress, there is some benefit of having a 485 pending. (Though you won't retain your priority date if you switch LC on the 140)

How much do you trust this lawyer? Schedule a consultation with a good lawyer like Rajiv and have him review the scenario if you're going this route.

Don't ignore my advice about having a second lawyer review your options. It'll cost you a $1k but I strongly suggest you pay it and get a second opinion.

Remember: If your EAD/AP gets put on hold, it's VERY hard to get it unblocked until your 140 gets approved.

~T
 
Last edited by a moderator:
Thanks so much T...
A very descriptive answer. I will definitely keep your advice in mind before I take some action.
People like you make so much more sense than lawyer whom we pay hefty fees : :)

ofcourse Lawyers like Rajiv excluded :)
 
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