Please Advice - Filing 485 from 2 companies

R

RSK1

Registered Users (C)
Here is the little detail of my case.

- I left a consulting company(mid size) and had a approved labor after 4.5 yrs.

- Joined full time position in fortune 100 company on H1B and filed my new labor from new company just 370 days before 6th yr of H1b started

- At that time there was no rule of 7th yr extension with pending labor in June 2002. So I requested my previous company to file 140 and intended to join old employer after GC approval

- Filed I-140 in Aug 2002 and 485 & EAD in Oct 2002 based on approved labor of old employer. 140 got approved in July 2003 and my 2nd EAD got approved recently. I never used these EAD for my current employer

- My current employer filed 7th & 8th yrs of H1B extension based on labor pending for more than 365 days

- Here problem comes - labor from 2nd employer is approved while I am waiting from approval from my previous employer.

Please suggest what are the options I have -

- Can I file 140 & 485 from current employer again while waiting for approval of 485 from previous employer?
- Should I withdraw 485 application and file thro' new employer
- Use AC21 - only hiccup is - labor from old employer is approved as DBA and currently I am working as Technical Lead in application development.

Your suggestions will really help me to decide future course of action.
 
If you have undersatnding with old employer- it would be to your advantage to keep the old 485 application- filed in Oct'02- should get approved in the next few (several months).
As 140 is approved you can do AC21 and go to your new employer.
Good Luck,
 
What did you do with the second application ?

Dear RSK1,
I am in a similar sitiation as you were last year. I wanted to know what action did you take with your case since after you had your labour clear in the second company.
Where you able to use AC21 or did you withdraw the first case or you went ahead with the first case.
 
RSK1 said:
Here is the little detail of my case.

- I left a consulting company(mid size) and had a approved labor after 4.5 yrs.

- Joined full time position in fortune 100 company on H1B and filed my new labor from new company just 370 days before 6th yr of H1b started

- At that time there was no rule of 7th yr extension with pending labor in June 2002. So I requested my previous company to file 140 and intended to join old employer after GC approval

- Filed I-140 in Aug 2002 and 485 & EAD in Oct 2002 based on approved labor of old employer. 140 got approved in July 2003 and my 2nd EAD got approved recently. I never used these EAD for my current employer

- My current employer filed 7th & 8th yrs of H1B extension based on labor pending for more than 365 days

- Here problem comes - labor from 2nd employer is approved while I am waiting from approval from my previous employer.

Please suggest what are the options I have -

- Can I file 140 & 485 from current employer again while waiting for approval of 485 from previous employer?
- Should I withdraw 485 application and file thro' new employer
- Use AC21 - only hiccup is - labor from old employer is approved as DBA and currently I am working as Technical Lead in application development.

Your suggestions will really help me to decide future course of action.
Click to expand...

Apply for new I-140 without appling the I-485. You can see what happens later. Your approval may come any time soon.
 
I doubt if you can file multiple I485s simultaneously. You can have multiple I140s but not I485s. Please consult an attorney and act accordingly.
Thanks
P
 
old RD are imp, work out a deal if needed with previous employer, it is worth it

you can file another 485 it is not a big deal, some possible confusion, another alternative you can use is file 140 and once it is approved append it to exisiting 485, there are some delays but you use your RD

RSK1 said:
Here is the little detail of my case.

- I left a consulting company(mid size) and had a approved labor after 4.5 yrs.

- Joined full time position in fortune 100 company on H1B and filed my new labor from new company just 370 days before 6th yr of H1b started

- At that time there was no rule of 7th yr extension with pending labor in June 2002. So I requested my previous company to file 140 and intended to join old employer after GC approval

- Filed I-140 in Aug 2002 and 485 & EAD in Oct 2002 based on approved labor of old employer. 140 got approved in July 2003 and my 2nd EAD got approved recently. I never used these EAD for my current employer

- My current employer filed 7th & 8th yrs of H1B extension based on labor pending for more than 365 days

- Here problem comes - labor from 2nd employer is approved while I am waiting from approval from my previous employer.

Please suggest what are the options I have -

- Can I file 140 & 485 from current employer again while waiting for approval of 485 from previous employer?
- Should I withdraw 485 application and file thro' new employer
- Use AC21 - only hiccup is - labor from old employer is approved as DBA and currently I am working as Technical Lead in application development.

Your suggestions will really help me to decide future course of action.
Click to expand...
 
Hi nato,
I am in the same boat as the user had mentioned in his post, and contemplating my action with all the retrogression happening. Please read below,
can you apply for two I-140 from different employers. I got my labor cleared from my current company and planning to apply I-140 with them, later this year have to apply the 7th year extension too. PD: Feb 2003

The issue is that i have an on going green card application going on for future employment where i have applied for my I140/I485 and completed my FP. I-140 is approved. PD: Oct 2003.

Is it possible to apply my I-140 with my current company?
Is it true that i may have to with draw one of the application someday. what do you guys think, any alternative solution?

Going by your idea of "old RD " how does that work, can you detail.

Thanks,
 
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