Should I abandon previous application? May I take advantage of existing Alien number?

D

dududidi

Registered Users (C)
1. I filed I140 and I485 last September for EB3 green card application. Then Last October I got laid off. I found a new job, same type, last December and started new green card application on EB2. Should I inform INS and abandon my previous application? My previous I-140 was approved this June.
2. Can I take advantage of my existing Alien number?
3. My wife got her EAD card based on my previous application. Can she use it?

Thanks for Comment.
 
Yes you can inform BCIS, but would advise against it because once you do that the EAD becomes invalid. Yes you have to reuse the A# given at the I485 stage. It would be prudent to withdraw the 485 application when the new 485 application is acknowledged and possibly new EAD is approved for your spouse. You can hold out that long.
 
1. I filed I140 and I485 last September for EB3 green card application.
Then Last October I got laid off.
-------- Did you and your spouse got EAD AP approved on this I-485? Check the BCIS Online status of your I-140, you need receipt of I-4o or approval notice to check, punch your EAC3 or WAC# or LIN # and see if your I-140 has not been revoked, if it has been not revoked then you may be eligible to use AC21, read the AC21 recent MEMO from BCIS for 180 days it has been posted in many threads
I found a new job, same type, last December and started new green card application on EB2.
---- Did you get new LC approved? If yes did you file I-140 and I-485 through new employer? If yes when did you file
Should I inform INS and abandon my previous application? My previous I-140 was approved this June.
----- I hope you filed I-140 and I-485 concurrently if that is true, then you are eligible for AC21 because your I-485 is pending from past employer more than 180 days and I-140 has been approved June 2003 Read below:
http://www.murthy.com/UDportis.html


2. Can I take advantage of my existing Alien number?
--- A# is like SSN # it is your immigration record # in BCIS computer, do mean to take the benefit of pending I-485?
3. My wife got her EAD card based on my previous application. Can she use it?
--- If that EAD card is Valid she can use it and can also apply for renewal of EAD and AP till the time pending I-485 is not approved or denied. It is a legal work documents she can work with EAD with any employer, she should apply for EAD renewal 4-5 months advance, she will get it as her I-485 is still pending. Remember if she used EAD then she has to enter US on AP so she should get AP before leaving US. If she uses EAD and still has H4 visa stamped in her passport she can enter on H4 status even after using the EAD.
Did you (primary) use EAD?

*** What did you file through new employer for GC, LC or LC cleared and I-140 is also cleared or filed? What has been filed or approved or pending, the info will help to understand your present situation
 
AC21 eligibility?

Thank you for your reply.
Last September, I was on H1, My wife was on F1. We filed I-140 and 485 concurrently. I applied EAD for my wife. I did not do EAD on my own and did not do AP for both of us. The in October I was laid off. December I started new job. This April I filed new LC. I called my attorney, it would be approved next month. This June I got previous I 140 approved and finished fingerprint this August. My wife got her EAD this June. She filed for H4, but it is pending. So she is still F1 (practical training).
I consulted two attorneys. One told me I need to abandon my previous GC application. She said even if it is granted, it may be revoked later.
The other attorney told me to leave it alone and denied the possibility of portability.
Would my existing alien number make my next I 485 quicker?
Am I eligible for AC21?
 
As for as I Know F1 status of your wife cease to exist once you apply for I-485. H1 andH4 are dual intent but F1 is not.If your status is F1 and apply for I-485 you will loose F1 and status will become AOS.
 
Thank you for your reply.
Last September, I was on H1, My wife was on F1. We filed I-140 and 485 concurrently. I applied EAD for my wife. I did not do EAD on my own and did not do AP for both of us. The in October I was laid off.
December I started new job.
------- With H1 transfer?
This April I filed new LC. I called my attorney; it would be approved next month.
--- That is good back up plan
This June I got previous I 140 approved and finished fingerprint this August. My wife got her EAD this June. She filed for H4, but it is pending. So she is still F1 (practical training).
--- Your wife is in AOS status if she gets H4 approved she will be H4 and AOS pending status. If you have valid H1 visa you are on H1 and AOS pending status

I consulted two attorneys. One told me I need to abandon my previous GC application. She said even if it is granted, it may be revoked later.
---- She seems to be wrong on this point or she may have not read the recent BCIS MEMO forAC21 180 days rule, if your I-140 is approved and I-485 pending more than 180 days and I-140 was not revoked you are eligible for AC21 if you have similar job. Employer cannot revoke I-140 if it has been approved and pending more than 180 days and I-485 crossed 180 days. If your lawyer says that your job is not in same/similar category then may be problem. If you have LC copy that was approved for past employer she can match the job skill or title. Don’t abandon previous GC or withdraw the pending I-485 for you and your wife. Inform your lawyer that let it be pending and you will think of withdrawing once your new LC is approved and I-140 is also approved. Inform her that you will file new I-140, I-485, EAD, and AP with new approved LC. She may tell you “ Generally we don’t file second I-485 if earlier is pending” Inform her that one can file second I-140 , I-485 if they are based on different employer LC and I-140, if she does not agree ask her to give a link to law /regulation that says you cant file send I-140 or second I-485 with out withdrawing the pending I-485. Inform her that once new I-140 will be approved that can be sent to BCIS where the past I-485 is pending and BCIS can be requested to approve the pending I-485 based on new approved I-140( in this scenario you are not using AC21) just you are trying to capture the earlier PD of pending I-485.
“She said even if it is granted, it may be revoked later”
---- Why it will be revoked latter? You have not done anything fraudulent or submitted any fake documents. Ask her on what grounds she is saying this? She is not above the law. Could you please provide me her name, her location and email ID that will be help to many.Is she based in Michigan?

This lady lawyer does not seem to be good. Give her copy of BCIS memo print it from below site:
http://www.lianglaw.com/INS/2003/081103-485-180days.pdf

The other attorney told me to leave it alone and denied the possibility of portability.
----- On what basis he said that you cant use AC21 portability? Did they read new BCIS AC21 Memo? Or they are just only interested in getting money and not to give proper advice?

Would my existing alien number make my next I 485 quicker?
---- Yes, you have earlier PD of filing I-485 and if you dont withdraw it
Am I eligible for AC21?
-------According to your provided Info YES, I don’t know if you have concern about Same/similar job.
**** 1. No need of lawyer just apply for AP for you and your wife based on past pending I-485, she only needs to send I-485 receipt copy, marriage certificate copy. BCIS Fee $110, 2 photographs and fill up form I-131
2 Apply for your EAD, no need of any employer or lawyer involvement, fill up the form I-765, attach copy of I-485 filing receipt, 2 photographs BCIS Fee $120. Having EAD and using EAD are different matter. You can also have AP if you want.

As you expect to get new LC approved, you can also request your lawyer to file new I-140, and once it is approved it can be interfiled with pending I-485 ( if that is not approved and still pending)
OR apply new I-140 with CP option and don’t withdraw the pending I-485. see what comes first

OR file new I-140-, I-485 one is allowed to file second I-140 and I-485 if they are based on different LC by different employer, nothing is illegal, if your lawyer does not agree ask her/him to provide the law/regulation

Good Luck
 
Last edited by a moderator:
The female lawyer I mentioned was in Minneapolis, MN. She was the lawyer my company hired for my H1 transfer.

Hopefully, I will file new I140 and I 485 this month. I will leave my previous applicatioin open. I hope it can make my new I 485 faster.

Thanks for your comments.
 
I think you do not need to file second I-485. Just filing I-140 is sufficient. In case If your earlier company revokes your current I-140 then you can substitute new I-140 for old one. Your I-485 will continue with same RD.

Talk to some good attorney. I had similar problem in which my company was planning to revoke my I-140. So attorney was suggesting me to get an approved labor and file for I-140. He said we could substitute the new I-140 for existing I-485.

Filing I-485 should not become wastage.
 
tammy2:


I think you do not need to file second I-485. Just filing I-140 is sufficient.
---- To be safe he should file I-485 because if earlier I-485 is denied before the new I-140 approval, he will have no pending I-485 where he will attach the approved I-140 in this scene? He will have no PD of earlier filed I-485. If I am in his position I will file newI-140 and I-485, I know he has to spend some money forI-485 medicals but it is worth for his peace of mind
In case If your earlier company revokes your current I-140 then you can substitute new I-140 for old one.
--- If earlier I-485 is pending and not denied before he gets new I-140 approved
Your I-485 will continue with same RD.

Talk to some good attorney. I had similar problem in which my company was planning to revoke my I-140. So attorney was suggesting me to get an approved labor and file for I-140. He said we could substitute the new I-140 for existing I-485.


I hope “dududidi” is eligible for AC21 he may have similar job issues that is the reason he is not interested using AC21 many avoid to use AC21 if one has new LC approved, as he has new LC he can file for new I-140 and I-485 once he gets the new I-140 approved then he should send the copy of approved new I-140 to the service center where his earlier I-485 is still pending (Not denied) and BCIS should be sent a copy of new approved I-140 and receipt of past I-485 filing so that BCIS can match it with the pending file and can approve the pending I-485 based on new I-140 and it has to be requested to BCIS in this scene he is not using AC21.
 
Of course if he is using AC-21 fine. No second word. But if he is planning for different I-140 &I-485 it would be beneficial if he apply for I-140. Even if I-140 is not approved he can substitute the pending I-140 for his pending I-485 application, which (i-140) should be approved before the approval of I-485.
 
"once he gets the new I-140 approved then he should send the copy of approved new I-140 to the service center where his earlier I-485 is still pending (Not denied) "

How about the new I140 and 485 will be filed to the same service center as the old I140 and 485?
Do I still need send the new approval of I 140, together with old I485 receipt?
 
“Once he gets the new I-140 approved then he should send the copy of approved new I-140 to the service center where his earlier I-485 is still pending (Not denied) "

How about the new I140 and 485 will be filed to the same service center as the old I140 and 485?
---- No problem, your LC is from different employer, your I-140 is from different employer and base of your newI-485 filing is new LC, new I-140 from different employer.
Request your lawyer to write in cover letter to BCIS when he sends the package of your I-140 and I-485 with EAD, AP (it is better to apply EAD and AP) Also request your lawyer to recapture the early PD of past-approved I-140, provide him receipt of I-140 or copy of approved I-140. Write the A # on all the forms like I-485,I-765(EAD) I-131(AP) on your new I-140 you have to provide info if you any immigrant petition was filed for you just write YES and on form I-485 it also asks if any AOS or I-485 was filed in past reply: filed in Service center XYX , pending

Do I still need send the new approval of I 140, together with old I485 receipt?
--- Once you get your new I-140 approved send the copy of that I-140 to BCIS with old I-485 receipt and request the service center that your pending I-485 should be approved on the base of new I-140 (that can be only possible if the past I-485 is still pending when your new I-140 is approved, if it is denied then you have to stick with your new I-485 if you file now) OR do nothing BCIS will ask you what I-485 you want to use they will know with your A # (they may ask you when they are near to approve your case it will take a long time as all the service center have backlog of I-485 and some solution is expected in 2004 to reduce the backlog)
---- If you Apply I-140 and I-485 the benefit is that if you’re past I-485 is denied then you will have early PD for your I-485
---- If you don’t apply I-485 with I-140 then you have again apply for I-485 if past I-485 is denied and your PD for I-485 will start later when you apply I-485

*** I don’t know when PERM for LC is going to start but read on many lawyer sites that PERM may start after December 2003 and if that starts the LC will be approved in 15-20 days and many are going to file I-140 and I-485 who knows the I-485 for India may have Cut off date?
-----------------------------------------------------------

tammy2:
Of course if he is using AC-21 fine.
------------ You or me still don’t know the reason why “dududidi” does not want to use AC21, he may have some other concerns, I know a friend in similar situation he is also eligible for AC21 but he filed newI-140 and I-485.
No second word.
But if he is planning for different I-140 &I-485 it would be beneficial if he apply for I-140. Even if I-140 is not approved he can substitute the pending I-140 for his pending I-485 application, which (i-140) should be approved before the approval of I-485.
------------- He does not have guarantee from BCIS that his new I-140 will be approved before his pending I-485 is approved or denied, do you give guarantee that his new I-140 will be approved before his pending I-485 is approved or denied? If you see the trend for RIR LC you may note that many NOF or remand to Employer is being sent and for I-140 at this time many are getting RFE for educational evaluation, for financial documents, quarterly wage documents, gross income in past year, bank statements and tax filing from employers. This trend has started 3-4 months back, and you know the reason very well. If I am in his position I will file I-140 and I-485 EAD AP and will not withdraw my pending I-485 even if it is with same service center because till the time his NewI-485 is not approved why he should take risk of withdrawing pending I-485 and at the same time if he files newI-485 he has both the option open to him to use AC21 or get I-485 approved based on new I-140 approved and if past I-485 is denied due to any reason he will have newI-485 pending.

If you want to say that new I-485 filing is wastage of some money I don’t think it is wastage it has some benefits also. It depends on person to person if you care about medical fees and lawyer fees, it is up to the particular individual, if they can spend and have peace of mind it is worth spending.

I know 4 cases in similar situation all the 4 have 2nd I-485 pending at this time and I had personally discussed this matter with very reputed lawyers.

I hope the “dududidi” has a lawyer and he will discuss with him/ her what is in his best interest.

Good Luck!!
 
URGENT: NEED HELP!!!!

URGENT: NEED HELP!!!!
Sorry for posting on wrong thread, want to get input of
experienced folks.......
My case was Labor case was Remanded back to employer
on Nov-18, 2003.

I called my attorney and here is his reply.

"The remand notice from DOL requested a recruiting synopsis with a list of all applicants and their reason for disqualification. Based on the advertisements comp-X has placed through newspaper and Internet postings"

Attorney says, it would not be feasible to list all of the
hundreds, if not thousands, of applications comp-x has
received and explain why they were ALL not
qualified for my position.
He says, he will wait for a month and request to reconsider.
I am not sure if that is a right approach.

I am really worried. Anybody who had this problem in past?
Any thoughts or Ideas?
please send your feedback/input ASAP.......

ATL Recd Date: Dec-4,2002
DOT Code: 039.162-010 (RIR)
 
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