NIW I485 transfer to I140 approved through LC process

[dev73]

Hi,
I am J1 physician( gastroenterology), will be ending three year waiver term Nov 2nd 05 in a VA hospital.
I have filed NIW process I 140 PD April03 which is approved and I 485 is pending.
Recently Aug 05 PLC is approved with PD 08-04 and I140 paper work is ready and is about to be filed. I want to change employers in the next year for personal reasons
Can i apply for second I 485 along with I140(based on PLC process), My three year J1 term will be ending Nov2 05??(my understanding that I cannot file I485 untill three year term is done whch will be a month from cut off)
Can I swap NIW I485 for new PLC based I-140 when it gets approved??
If I should be able to swap I485 when is the earliest I can change my employment??
too many questions??really appreciate answers

 

[J1victim]

switching I-485s

... J1 physician( gastroenterology),.. ending three year waiver term Nov 2nd 05 in a VA hospital.
I have filed NIW process I 140 PD April03 which is approved and I 485 is pending.
Recently Aug 05 PLC is approved with PD 08-04 and I140 paper work is ready and is about to be filed. I want to change employers in the next year for personal reasons
Can i apply for second I 485 along with I140(based on PLC process), My three year J1 term will be ending Nov2 05??(my understanding that I cannot file I485 untill three year term is done whch will be a month from cut off)
Can I swap NIW I485 for new PLC based I-140 when it gets approved??
If I should be able to swap I485 when is the earliest I can change my employment??
too many questions??really appreciate answers

what do you mean by PLC? do u mean ALC (alien labor certi.)?
ok, key points .......
* J1 waiver 3 years finishing 11/05. (means you started waiver in 11/02).
* NIW Physician in HPSA/VA (I-140+I-485) filed. PD 4/03. I-140 approved, I-485 pending.
* ALC approved 8/05. PD 8/04. I-140 is to be filed.

now your Qs ..........

-- Can i apply for second I 485 along with I140 (based on ALC process),
>>>> YES and NO.
yes, b'coz you may do it theoretically (AFTER finishing 3 years of waiver in 11/05)
no, b'coz practically it MAY BE difficult. depends on which country you are from and if your spouse is from same or a different country.

**** Due to retrogression of EB2 visa category (physicians are in EB2 category) for India/China to 11/99, physicians from these countries will not be able to file I-485 after 9/30/05 until the Visa Numbers (for your category EB2 and your country) are current. If your spouse is from a different unaffected country, you may use cross-chargeability and file your I-485.

-- my understanding that I cannot file I485 untill three year term is done whch will be a month from cut off).
>>>> Yes. it is BAD situation. you may not file any I-485 (except NIW Physician in HPSA/VA) before end of 3 years of waiver job. for you that happens 1 month AFTER the Retrogression hits on 10/1/05.

-- Can I swap NIW I485 for new ALC based I-140 when it gets approved??
>>>> NO and YES. you do not swipe I-485 for I-140. YES you may swipe I-485 for I-485. Look at this CIS memo: http://www.ilw.com/seminars/august2002_citation2c.pdf

-- I want to change employers in the next year for personal reasons.
>>>> if you get your GC th' Labor certification, you are supposed to work for the sponsoring employer for a reasonable period of time AFTER you get your GC.

-- If I should be able to swap I485 when is the earliest I can change my employment??
>>>> AC21 portability law states that you may change employers in same/related field IF your I-485 has been pending for 6 months.
.

 

[dev73]

Thank you

Thank you
unfortunately me and my wife are from India
My question is can I transfer NIW 485 to ALC based I140 when it gets approved??
even then, I would not be able to change jobs in the near future as I have to stay with sponsoring employer for a reasonable period of time after I get green card which probably could be years??
So continuing NIW process would be my best bet as I can change jobs the day after 5 years are completed??
Appreciate your response, my lawyer is out of country and will come back this wednesday

 

[nato]

you can make any 140 transfers only when it is current

i.e. now, in this scenraio it would be best to file new 140&485 right now and attach copy of previous 140 now asking for trasnfer of 140 PD from old case, but that is varying at some centers, if they alow PD transfer only after it is approved & current, thus may not be able to get this transfer now. but don't miss the spet 30 deadline to file 485

Thank you
unfortunately me and my wife are from India
My question is can I transfer NIW 485 to ALC based I140 when it gets approved??
even then, I would not be able to change jobs in the near future as I have to stay with sponsoring employer for a reasonable period of time after I get green card which probably could be years??
So continuing NIW process would be my best bet as I can change jobs the day after 5 years are completed??
Appreciate your response, my lawyer is out of country and will come back this wednesday

 

[dev73]

Thank you for your advice
unfortunately I cannot file before Sep 30 because my three year J1 waiver ends Nov 05, my lawyer told me that I cannot file labor based I485 before completion of three year J1 waiver term