Substitute 140 for previously filed 485

[nsm]

I filed 140/485/EAD/AP concurrently through Company A (NSC region), all are still pending. Now I have to join another Company B (VSC region), which is ready to sponsor my GC using substitute Labor. AC21 is not applicable as I have to change employers before 180 day limit.

Company B's attorney is suggesting the following
* Apply new 140 in VSC through Company B using A# of already applied 485.
* Inform BCIS (NSC) immd after receiving new 140 receipt (485 application process could be at any stage).
* Fortunate or unfortunate if BCIS opens the file and rejects 485, he could file motion to reopen the 485 using the latest I140
* This ensures even if previous 140 get denied or revoked by employer.

Make a note that this is not LC Substitution but using a new I140 for a previously applied I485. Gurus / Experts could you analyse my situation and advice any suggestions.

-nsm

 

[jaxen]

First off this will work only if the job is the same and the metro area is the same.
Since it is not (different company!) this is a wild ride. you have to weigh all the possible outcomes and put a brake on this wild ride lawyer. My opinion.

One thing I know is , I140 cannot be substituted by another company's I140. SO ask the lawyer to produce evidence (online BCIS references, past court rulings) that support this position.