Please Advice...Preapproced labor.

manuwantsgc

New Member
Hi,

Company XYZ is offering me a pre-approved labor under EB3 with PD in April,2003 and LC approval date in Dec,2004.

As of now, I am hesitant to accept this as there are certain issues with this :

1. Someone has already got I140 approval on this labor. company says that they will file parallely, a fresh I140 for me and withdrawl of the exiting one. I believe this is possible, but the Question is How can I make sure that I485 has not been filed on this labor. Though the PD is April, 2003, I believe no one could have filed I485 on this due to retrogression. But as per my knowledge the retrogression happened sometime this year in 2005. What if I485 was filed even before that, since ths LC has an approval date of Dec,2004.

2. My profile match only 50% of all the skills and duties that are described in 750A form. Though the employer says that matching any one of the skills described is good enough to go ahead.

Please advice.

Thanks!
 
The company should know if the I-485 was filed or not. I wuld go ahead and do this, in addition to try to get the company to go through PERM as well, then you have 2 things going, on gamble and one safer.
 
As long as you are not paying any money till it is approved, or if it is a big org

desi companies have screwed many like this, what is the gauranteee that they will not revoke your 140. also what is your benefit with 2003 labor if you can't file 485, mathcing one of the skills is definitely risky, you are due for a ride
manuwantsgc said:
Hi,

Company XYZ is offering me a pre-approved labor under EB3 with PD in April,2003 and LC approval date in Dec,2004.

As of now, I am hesitant to accept this as there are certain issues with this :

1. Someone has already got I140 approval on this labor. company says that they will file parallely, a fresh I140 for me and withdrawl of the exiting one. I believe this is possible, but the Question is How can I make sure that I485 has not been filed on this labor. Though the PD is April, 2003, I believe no one could have filed I485 on this due to retrogression. But as per my knowledge the retrogression happened sometime this year in 2005. What if I485 was filed even before that, since ths LC has an approval date of Dec,2004.

2. My profile match only 50% of all the skills and duties that are described in 750A form. Though the employer says that matching any one of the skills described is good enough to go ahead.

Please advice.

Thanks!
 
manuwantsgc said:
Someone has already got I140 approval on this labor.


Why risk .. U can always get a fresh labor for Urself ... A neat, clean and cheap approach... with a tailor made labor .. U wont have problems at 140 stage.

Whats the hurry ... U will have to wait @ 485 stage anyways ... Huge backlog .


Good luck ..
 
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