unique question: Is there an expiry date on an approved I-140?

vsreeniv

Registered Users (C)
folks
here is my situation... I have an approved I-140. perm was filed for software engr and I am right now in a product manager role. So company attorneys refused to file my 485 stating that I am not a soft engr anymore. tried arguing with them but no luck. How long is the I-140 valid for? Can I keep extending my H1-B without even filing my 485 application? Has anyone done this before?
Now the question is why would I do this? I am finishing my MBA next year (june) and then will look at moving to a different job and would like to keep my PD of the approved 140. Till that time i would like to be on H1 and keep extending it without even looking to file for 485.
Can you please suggest solutions for my scenario? Appreciate all your help.
 
Is your company willing to hire you into the software engr position when the 485 is approved?
If that position is still available, then there should be no reason for the attorney to refuse filing 485. Since most EB based GCs are for future employment.
Going from the product manager to software engr might be a step down for your career; but if that is going to allow you to file 485 and get a GC sooner than later, it might be worth doing.
Also, I read some posts that if you are with the same company and change job titles (software engr to product manager) as soon as you get the GC, it my not cause any issues when you apply for citizenship.

also consider this: what if they refuse to file the H1 extension in the future?
If the basis for H1 extensions is the approved I140 (assuming you are past 6 years on H1), they may refuse to file a H1 extension.

It might be time to think of getting a new attorney. You/your company hired the attorneys. They are supposed to work for you and help you find a solution; not become a problem.
 
The I-140 has no expiry date ....but your employer can revoke your I-140 if he wishes....The I-140 is a petition owned by the employer and he controls it entirely...

Potentially, the I-140 revocation can jeopardize your H1B renewal after 6 year period...

I would say, get the right lawyer to file your I485...tons of folks apply 485 in exactly your scenario....there are even folks who use future employment and file I485 without ever working for the company even!
 
Is your company willing to hire you into the software engr position when the 485 is approved?
If that position is still available, then there should be no reason for the attorney to refuse filing 485. Since most EB based GCs are for future employment.
I have been told that they filed my 140 as a current position - so i need to be in a software engr job right now

Going from the product manager to software engr might be a step down for your career; but if that is going to allow you to file 485 and get a GC sooner than later, it might be worth doing.
this iwll take more than 3 years given my priority date. so i dont want to be a software engr for that long

Also, I read some posts that if you are with the same company and change job titles (software engr to product manager) as soon as you get the GC, it my not cause any issues when you apply for citizenship.

also consider this: what if they refuse to file the H1 extension in the future?
If the basis for H1 extensions is the approved I140 (assuming you are past 6 years on H1), they may refuse to file a H1 extension.

It might be time to think of getting a new attorney. You/your company hired the attorneys. They are supposed to work for you and help you find a solution; not become a problem.
my company wil not change the attorneys.. i work for a very big company and they dont care about individual cases like mine
 
I-140 is valid while the sponsor has the intention to hire the alien on the position. However I-140 is valid for the specified position only. If you've been significantly promoted, you are not allowed to use this I-140 unless you're ready to get back to the original position right after you receive the GC. There is a caveat here. If you indicate your managerial position (especially with the same employer) in G-325, USCIS will suspect, that you no longer have intention to accept the original (I-140) position. So, they might be very suspicious and consider this situation as fraud. That's possibly why the laywer does not want to go forward with this petition.
 
I-140 is valid while the sponsor has the intention to hire the alien on the position. However I-140 is valid for the specified position only. If you've been significantly promoted, you are not allowed to use this I-140 unless you're ready to get back to the original position right after you receive the GC. There is a caveat here. If you indicate your managerial position (especially with the same employer) in G-325, USCIS will suspect, that you no longer have intention to accept the original (I-140) position. So, they might be very suspicious and consider this situation as fraud. That's possibly why the laywer does not want to go forward with this petition.


Hi

I can add something here as I am in somewhat similar situation. I had my 140 approved for certain position and now the company transferred me to a new location (from west to east coast). Now I too hold a mananger title. Not only are the lawyers starting the GC process from scartch but they also amended my H1 petition to reflect my new job title and duties. Only thing is I can retain my old PD.
I was on a verge of filing I 485 (my Pd is Dec 2002 EB3) and this happened. I guess I am one of those unlucky ones

dhm2002
 
As far as I know. Employer need not to sign any forms while filing I-485. So, you can hire your own lawyer and file I-485. you need just a one verification letter form your employer. Talk to good lawyer.
 
You have to enclose such called Offer of Employment signed by the employer, when you file I-485. Otherwise USCIS will send you RFE-EVL

As far as I know. Employer need not to sign any forms while filing I-485. So, you can hire your own lawyer and file I-485. you need just a one verification letter form your employer. Talk to good lawyer.
 
You have to enclose such called Offer of Employment signed by the employer, when you file I-485. Otherwise USCIS will send you RFE-EVL

you are absolutely correct... without this employment letter, expect to get the RFE without any uncertainity.
 
dhm2002
My H1 was also ammended to reflect the new job duties. I have also been told that i can retain the PD but I have a complication with my Labor cert. I joined this company right after finishing my masters degree (no prior work experience). This has been the only company i have worked for. so the attorney is saying that filing a product manager LC based on only a masters degree is little complicated. Is this true? Are there any options around this?
 
It all depends on the ONET position your lawyer wants to use for you. If the description of the ONET position requires job experience, then DOL might be not happy with MS+0 requirement in your ETA-9089. If so, they might launch audit on your petition. In this situation the lawyer will have to respond reasonably. If your lawyer doesn't feel confident, you'd better rely on his/her opinion or simpy try to persuade your employer to work with another lawyer, who might have a better experience with such cases.

dhm2002
My H1 was also ammended to reflect the new job duties. I have also been told that i can retain the PD but I have a complication with my Labor cert. I joined this company right after finishing my masters degree (no prior work experience). This has been the only company i have worked for. so the attorney is saying that filing a product manager LC based on only a masters degree is little complicated. Is this true? Are there any options around this?
 
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thanks for our response.
I read about the ONET stuff and understand it a little better now. one question - is this difficult to do or impossible to do?
 
There is nothing impossible in theory. I've seen lots and lots of miracles happened. However, it might be impossible for the particular lawyer to write the proper job description and reply reasonably in a case of audit. If the lawyer says "I can't", it means (s)he can't. It's like if you ask me to operate an aircraft. Even though it's a routine for any pilot, I personally can't do that.

So, even if you push him(her) in the direction you've picked, (s)he will be totally useless if DOL brings up any questions.
I personally had an issue with my company lawyer, after she had filed EB3 petition back in Aug 2005. It took me about 6 months to change her mind. Fortunately, DOL didn't ask any questions. Otherwise I would have had a big issue, since the lawyer most possible would have been useless.


thanks for our response.
I read about the ONET stuff and understand it a little better now. one question - is this difficult to do or impossible to do?
 
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my company lawyer did say that she will go ahead and file a new LC for me (which make me believe that she will be prepared for an audit).
 
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