Urgent - in dilemma

K

kannav32

Registered Users (C)
Work for "Company A" in NYC. Applied for future GC through "Company B" based in Virginia. Through "Company B" I have an approved Labor(applied in 8/2003 NH), I-140 and FP1 done.

Resigned from Company A to join Company B. Company A, now says that it has a pre-approved Labor for NYC and that they could use that for applying my I-140 and 485.

Q1) I am in a dilemma. It is more safe to have my GC processed through Company A with the possibility of dates RETROGRESSING as the pre-aaproved labor was applied in 2001 (approved recently). Is the assumption safe?

Q2) My husband abandoned his H1B status and used EAD from Company B. Suppose I want to apply for my 485 application, how would I show my husband. Can we show that he is on EAD and would that be a valid status?

Q3) Another question is what is the PD for substitute labor, is it the date I-140 is applied or the original Labor application date?
 
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Q1) I am in a dilemma. It is more safe to have my GC processed through Company A with the possibility of dates RETROGRESSING as the pre-aaproved labor was applied in 2001 (approved recently). Is the assumption safe?
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You can have multiple I-485's filed at the same time, but I don't think you would be better off filing thru Company A


Q2) My husband abandoned his H1B status and used EAD from Company B. Suppose I want to apply for my 485 application, how would I show my husband. Can we show that he is on EAD and would that be a valid status?
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That will be a problem. How can you use EAD status from one 485 on another application to prove legal status? i don't think that is possible.

Q3) Another question is what is the PD for substitute labor, is it the date I-140 is applied or the original Labor application date?
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PD for labor substitution cases is the I-140 filing date. So, I don't think it will help at all.
 
Need advice....please!

Gurus......Please post your thoughts! I have to decide soon if I want to accept company A's counter-offer.
 
If you want to join use AC21 and join. Why a new application ? Why you want to move PD from 8/2003 to 12/2004 ? If at all dates retrogress it may differ your approval by many years.
 
More questions

Thanks guys for all the responses!

I still am not very clear. Since this was future GC, I never worked for company B. I was planning on working for them after 140 got cleared. Now,

1. Can I still use AC21? It means I never worked for them. Will my intentions be questioned in the future?
2. PD for labor substitution is pretty much what decides this thing for us. That too only because of the talk that dates will retrogress. Does anybody know if the attorneys agree on this?

Thanks
 
PD for Labour Substitution in my case is Original Labor Date

Hello kannav32:

Just so you know I had originally applied for my own labor back in 1999 and after it's approval filed my 140 which was also approved. But then I was laid off and company was not ready to continue my GC process, so I had to loose all my processing and had to start all over again.

Fortunately I got a Labor Substitution last year and applied for my 140 in Oct 2003. It was appoved in June 2004 and has priority date written on the approval notice of March 1999 (original Labor date).

Thought this might help.
 
Thanks for clarifying!

UnitedNations, thanks for the detailed links. They were very helpful.

AllIAskedWas1GC, thanks for letting me know!

Continuing with A (after using AC21) will probably benefit me with an older PD. But, moving to company B, and having the option of using AC21 only if needed will probably give me better work experience. I will think it through this weekend.
 
...It was appoved in June 2004 and has priority date written on the approval notice of March 1999 (original Labor date).
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AllIAskedWas1GC, do you mean the substitute labor's original labor date or your first LC application date? Somewhere I read that the PD is for a person adn cannot be transferred, but one can choose to use a PD from an earlier application on a later one.
 
kannav32:

The date on my I-140 approval is the labor filing date (March 1999) of the Substituted Labor and NOT my own which was filed previously. The date for mine is a different one. So I did get a PD of the substituted one.

I am not sure whether USCIS is going to consider the PD date which they sent on my 140 approval or they'll use the PD when I filed my I-140 (Oct '03)

Thanks.
 
Thank you guys, for your inputs!!!!!

I thought that PD is the date when your Labor was applied why then is it issued when the I-140 is approved? Is it because I-140 is the first actual immigration process and the labor application is not???

Can I in any way link the PD from a Labor application filled in NYC (which has not been approved yet ) from Company A to that of my 485 application with another employer?

I have scheduled an appointment with a prominent attorney on Tuesday. Can you guys come up with questions that can be asked in this regard. I shall post my entire conversation with the attorney in this Thread.
 
Spoke with the attorney

Hi All,

We spoke to the attorney today and following is a gist of our conversation. You gurus might already be knowing all this stuff, but it is kinda reassuring to hear it from a lawyer.

1. PD on a substitute labor is supposedly the date that the 140 was received. But in reality, USCIS gives the original substitute labor date as the PD for a lot of applicants. So, the attorney was saying that since it is in the benefit of the applicant they keep quiet and do not question USCIS on this. So, theoretically it is possible for me to get a PD in 2005 on the 140 application I file from Company A with the substitute labor. In such a case I would be better off with Company B's application which has a priority date of Aug 2003.

2. The PD on my own labor which is Oct 2002 from Company A can be attached to the 485 from company B, once I apply for a 140 using that labor and attach it. But, she was saying it is better to make it crystal clear to USCIS that we want the PD from the old labor on the 485, becuase not all adjudicators might know about this clause and can end up in confusion and make a mistake.

3. As UnitedNations was saying AC21 can be invoked anytime after 6 months have elapsed from the date of 485 filing and after 140 gets approved.

4. My LC application says that my work location (from ETA750 part A #7) is "Portsmouth, NH or any unanticipated work locations through out US". But, my H1 LC is going to be in NYC as that is where I will be working. This should not cause any problems during 485 adjudication, since H1 is for the place that I am currently working where as the LC for GC is for a position after my GC gets approved.

btw, I don't think these are my dates.

LC RD Aug 03
LC AD Dec 03
140/485/EAD/AP(EB3) Mar 31 2004
RFE on 140 (Ability to pay) May 19 2004
140 RFE Replied Jul 20 2004
140 Approved Aug 8 2004
RFE on EAD (Personal details) Jul 2004
EAD RFE replied Aug 2004
EAD approved Sep 7 2004
FP notice for self dated Oct for Nov 4 2004
FP notice for Spouse recd Oct Nov 23 2004
FP done for both self & spouse Nov 4 2004
No updates after that.

Guys, thanks a lot for all the quick responses! This is a great board!
 
Yep. As long as you use the labor to get a 140 approved, you can get to keep your old PD by attaching it to the 485. But, a plain old approved labor by itself does not carry a PD.
 
kannav32 said:
Yep. As long as you use the labor to get a 140 approved, you can get to keep your old PD by attaching it to the 485. But, a plain old approved labor by itself does not carry a PD.
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Labor belongs to employer. How do you transfer that to another employer ?
 
I would advise you to continue the GC process with company B and join them. This way you don't lose seniority in the I485 queue . Also you are well set in I485 stage, having the FP done. One more thing is you can use AC21 soon to move to another company from company B (if you want). So go for company B.
 
Thanks, dsatish! I am leaning towards company B myself.

MD_Rockville, what I mean to say is you cannot get a PD from an unapproved labor. Also, you cannot take an approved labor with you without filing for a 140. But, once the labor gets approved and you file a 140 on it, you can attach the labor's PD to a pending 485 once the 140 gets approved.

So, hypothetically, in my case, I cannot do that with the labor that is pending in NY from Oct 2002. But, I can possibly do it with the substitute labor my company is willing to give me, do a 140 and attach the PD to the pending 485 from company B. But, well, this all works only if the USCIS officer is kind enough to make a mistake on my application and give me the substitute labors original PD.
 
If A is OK with joining company B just join company B.
If A is not OK, join and file AC21 ( or wait till you get RFE )
Keep S-Labor as last resort. Don't use that valuable commodity yet :)
 
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