Urgent Help Needed

Z

zzbao

Registered Users (C)
Immigration Gurus,

I have a very complicate case here, my original LC is approved in early 1999 and so is my I-140 of the previous employer approved in late 1999. Then I switched job in Sep 2000. Now with the new employer, I have LC and I-140 approved in Mar 2002. However, I kind of talked to my previous employer and got their approval of continuously sponsorship of my LC petition, I then filed I-485 in NSC on 8/22/2001 with the I-140 approved for my previous employer.

So far there has been RFE, and I replied accordingly even with both my previous employer's statement regarding the position is still open and my current employer's job statement.

It's been over 2 years and now my current employer is kind of unstable, it may last another 6 month but who knows.

My questions is if I can file I-826 for the CP using my current employer's I-140 approval?

Will that automatically void my current waiting I485?

Thanks a lot

ZZBAO
 
One more question, can I file another i-485 immediately with my current employer's I-140 approval if the current I-485 case is denied?
 
I have a very complicate case here, my original LC is approved in early 1999 and so is my I-140 of the previous employer approved in late 1999. Then I switched job in Sep 2000. Now with the new employer, I have LC and I-140 approved in Mar 2002. However, I kind of talked to my previous employer and got their approval of continuously sponsorship of my LC petition, I then filed I-485 in NSC on 8/22/2001 with the I-140 approved for my previous employer.

So far there has been RFE, and I replied accordingly even with both my previous employer's statement regarding the position is still open and my current employer's job statement.

It's been over 2 years and now my current employer is kind of unstable, it may last another 6 month but who knows.

My question is if I can file I-826 for the CP using my current employer's I-140 approval?
--- if your current employers I-140 has been approved for AOS then you need to fill up a form with the BCIS that your case should be sent to consulate or file for I-485 based on this I-140, one is allowed to file 2 I-485 parallel based on different employer LC and different I-140
Will that automatically void my current waiting I485?
---- If you file current Employer I-140 for CP it will not affect pending I-485, but if CP is proceeded earlier then you get Immigrant visa from Consulate then pending I-485 will be automatically becomes void, if your pending I-485 is approved before CP then CP and you get temporary GC stamp based on approved I-485 then CP becomes void
One more question, can I file another i-485 immediately with my current employer's I-140 approval if the current I-485 case is denied?
---- You can file second I-485 even if you have pending I-485 that is based on employer X LC and I-140 your second I-485 will be based on company Y LC and I-140. You are allowed to file second I-485. The other option for you if you feel that your pending I-485 will be denied is then request your lawyer to send new employer I-140 copy to BCIS and request BCIS to approve your pending I-485 based on new employer I-140, BCIS will attach new employer I-140 to pending I-485. If I am in your position I would file new I-485 based on new employer I-140 and will wait what is approved faster
Read the thread:
http://www.immigrationportal.com/showthread.php?s=&threadid=90159

http://www.immigrationportal.com/showthread.php?s=&threadid=88178
 
Last edited by a moderator:
Ginnu,

Thank you very much for the response. I think immediately I amend my current I-485 filing with my I-140 approval for my current employer.

ZZBAO
 
“Thank you very much for the response. I think immediately I amend my current I-485 filing with my I-140 approval for my current employer.”
------------- What will you do if pending I-485 from past employer is denied before your I-140 from new employer is attached with pending I-485? BCIS takes time to attach that I-140 to pending I-485.
If I am in your situation I will file my second I-485 and when I get receipt then I also send the I-140 copy to be attached with pending I-485 (from past employer) that way you don’t have any concern if your past I-485 is denied due to any reason or before your I-140 can be attached to pending I-1485 you will have option of second I-485 pending.
 
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