Second I-140, its advantages in the current situtation

Is_GC_a_mirage?

Registered Users (C)
I am starting this new thread as I was unable to get good information on this issue. I see one of the thread that ginnu has brought it up and explained this real well of applying second I-140. I would like to seek more knowledge and experience in this regard.

I am in the same boat as most of other members, I have a good offer from another company but little hesitant to leave this current employer. Not that I am in love with the company I am currently employed but I am hesitant to create confusion or jeopardize my case. On the other hand, I am exploited to the core by getting under-paid.

To summarize my current situtation, I am holding an approved I-140 in hand (obtained copy of approved I-140), approved in early part of 2007, applied for I-485 in july madness, obtained EAD and just applied for renewal. I am still on H1 with the sponsor. Here are my questions; please share your thoughts and experience.


1. Can I apply for second I-140 as it can be applied in EB2. I have gained 9 years of experience in the related field and hold a bachelors of engg degree. Does this qualify for EB2?
2. Can I ask this current employer to apply for second I-140? The cost to reapply will be on me.
3. Most importantly, is it worth doing the drill? I have my PD as June 2003 and by claiming my old PD on this second I-140, I can cut the chase. But do you think it will be current by the time I get my second I-140 approved??

I don't see my EB3 category with my PD will be ever be current in years to come. Please share your thoughts, opinions and experience.

Thanks and Regards,
 

manwithnoname

Registered Users (C)
Please note that experience gained from the current employer does not count in adding years of experience towards EB2 filing.
 

Is_GC_a_mirage?

Registered Users (C)
Risk Vs Gain

Its seems that I have to take the step to move out and then calcuate my risk Vs gain. Do I need AC21 along with I-140 if I decide to do this?

Thanks for your response.
 

Jackolantern

Registered Users (C)
Its seems that I have to take the step to move out and then calcuate my risk Vs gain. Do I need AC21 along with I-140 if I decide to do this?
You mean change jobs using AC21, then file another I-140 in EB2 for the new job? I doubt that would work. Because if the new job is EB2, it might be considered NOT similar to the original job which is EB3.
 

Is_GC_a_mirage?

Registered Users (C)
EAD and its pros/cons

hi Jackolantern,

Its been a while to see your response, just so you know, I respect your opinion a lot. This question was raised to join a new employer or get the pay one deserves. One the same effect,

Is it possible to pull my EAD out and work as an independent contractor?
I have a good contract coming up and I need to decided ASAP if I can go 1099 with this contracting company as independent. I am unsure if you can have them cut a check on ur name while on AOS status. I understand I lose my H1 status the moment I start using EAD. At this stage, the H1 is not fetching me anything as its not stamped on my Passport.

If I use my EAD, do I need to file AC21 and how?, as I plan to be independent?

Please educate me to the pros and cons of it. I really appreciate a timely response. I am setup to meet the client tomorrow AM.

I did a search on this forum and couldn't get convincing answers.

Thanks & Regards,


You mean change jobs using AC21, then file another I-140 in EB2 for the new job? I doubt that would work. Because if the new job is EB2, it might be considered NOT similar to the original job which is EB3.
 

manwithnoname

Registered Users (C)
Jackolantern:

The above plan should work out ... isn't it?

You don't have to do anything for AC21 - just respond to any RFEs if any.
 

kemail2007

Registered Users (C)
I have filed my I-140 on 12/19/2006. Now they are processing March 22nd of 2007. I keep calling and they keep saying that they can not provide any information to beneficiary. Only lawyer can ask for information abt it. But my lawyer keeps saying that they called and they are saying the case is pending.

Anybody know what i can do to check the I-140 delay? I wish had made my I-140 premium in the beginning..been stingy and paying for it.
 
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