Reusing your own PD after 485 withdrawal

S

sid2008

Registered Users (C)
Hello,

I 'm sure everyone on this forum is as anxious about the next bulletin as I am :p.

Just wanted to request some advice on this situation:

My labor, 140 and 485 were filed as a software engineer, and my PD is July 2007. Now I 'd like to change my role to marketing (which is totally different).

1. Can I withdraw my 485, and still use my old PD when I refile it? (the old PD is based on the labor of a Software Engg).

2. If yes, what is the process? I have only the front page of the 140 copy. Will I need to refile both the labor and 140 for my marketing role?

I 'd greatly appreciate any response! Thanks, and good luck to you all!

Sid
 
Yes, you can do it. YOu just need your I 140. But you will need to file a fresh labor petition with the new job description. However, since you will be withdrawing your I 485, you need to be careful of not falling out of status. If you are on EAD, then your new labor and I 140 will need to be approved before your EAD expires. HOwever, if you are on H1B, you may not have that issue.
Hope this helps.
 
Thanks! I am on an H-1 and havent used my EAD yet.

Are there any other risks associated with this? I 've heard things 've gotten stricter with labor approvals, is that true?

Anything else I should be aware of? Thanks again
 
sid2008 said:
Thanks! I am on an H-1 and havent used my EAD yet.

Are there any other risks associated with this?

I 've heard things 've gotten stricter with labor approvals, is that true?
------------------Yes it is True
Anything else I should be aware of? Thanks again
Click to expand...

-----------
 
YOu dont need to withdraw your 485 rightaway. I would suggest that you file for your labor and once you are again ready to file 485, only then withdraw your previous 485.
 
sid2008 said:
Hello,

I 'm sure everyone on this forum is as anxious about the next bulletin as I am :p.

Just wanted to request some advice on this situation:

My labor, 140 and 485 were filed as a software engineer, and my PD is July 2007. Now I 'd like to change my role to marketing (which is totally different).

1. Can I withdraw my 485, and still use my old PD when I refile it? (the old PD is based on the labor of a Software Engg).
----------------------- If I-140 for you gets approved then one can use Early PD and request your lawyer to recapture the PD at the time of filing second I-140. lawyer will need the Evidence of I-140 approval in past.

2. If yes, what is the process?
I have only the front page of the 140 copy.
----------------You can request the employer or lawyer to give you copy of I-140 APPROVAL Notice.
Will I need to refile both the labor and 140 for my marketing role?
--------------New LC and once LC gets approved then file I-140
I 'd greatly appreciate any response! Thanks, and good luck to you all!

Sid
Click to expand...
* I don’t understand why you want to start the GC process it again. GC is for future job. Once you get the GC then later you can change the job duties. Nobody knows the future immigration changes and better not to withdraw pending I-485.
 
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