Risks/benefits of duplicate labor application

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atyagi73

Registered Users (C)
Gurus,

I have approved I-140 and my 485 is pending for approval through company-A(as future employee) and now I joined company B on H1(got 3 year extension through company-B on approved I-140). Now company-B wants to start my immigration process. I did not qualify for AC-21(my 485 was not pending for 180days at that time) when I joined company-B.

I have two questions for gurus:

1. What are the risks and benefits of filing duplicate labor ?

2. Can I now file for AC-21 ?


Thanks !
 
atyagi73 said:
Gurus,

I have approved I-140 and my 485 is pending for approval through company-A(as future employee) and now I joined company B on H1(got 3 year extension through company-B on approved I-140).
Now company-B wants to start my immigration process. I did not qualify for AC-21(my 485 was not pending for 180days at that time) when I joined company-B.
---------------------------who said you dont qualify for AC21? it does not matter if you joined new employer Before Pending I-485 did not hit 180 days. If your Past employer has not revoked your approved I-140 Before I-485 pending 180 days then you are safe to use AC21.

Still if the new employer wants to file new LC nothing wrong with that
I have two questions for gurus:

1. What are the risks and benefits of filing duplicate labor ?
--------------Nothing, it is not duplicate LC, new employer is going to file new LC
2. Can I now file for AC-21 ?
----YES
if your I-140 is approved and I-485 pending more than 180 days AND new employer is ready to give you Permanent job offer letter with same/similar job duties you are OK. if the new employer is not ready to give you Permanent job offer letter to invoke AC21 then find new employer who is ready to give you the letter.

** do you suspect the new employer want to delay your GC by filing new LC then I-140 ? is he ready to give you permanent job offer letter? if he is ready to give you permanent job offer letter then I dont think your new employer need to strart the LC process

Thanks !
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Thanks, Ginnu. Appreciate your input.

My new employer(Company-B) does not want to delay things but want to make sure they will not loose me due to immigration issues.

I Joined company-B in last Oct. So my concern with using AC-21 now is that USCIS may ask why are you filing now ? Also my job duties are not similar. I filed original LC as a developer and now I am a technical manager.

Looks like filing new LC will be a better option for me in case something goes wrong with current application.

Any other thought ?
 
atyagi73 said:
Thanks, Ginnu. Appreciate your input.

My new employer(Company-B) does not want to delay things but want to make sure they will not loose me due to immigration issues.

I Joined company-B in last Oct. So my concern with using AC-21 now is that USCIS may ask why are you filing now ?
-------------------------USCIS is not going to ask why you are filing now
Also my job duties are not similar. I filed original LC as a developer and now I am a technical manager.
---------------------- Get the Permanent job offer letter with job duties as on original LC. GC is for Future job after I-485 is approved
Looks like filing new LC will be a better option for me in case something goes wrong with current application.
----------------nothing wrong if they file new LC but first get the letter from them or they should be ready to give you the job offer letter with same/similar job duties if USCIS asks for
Any other thought ?
Click to expand...

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