Urgent Transfer After I-140 Question

[PBECIsKillingMe]

I found this question in some other forum. I am in exactly the same boat. Can gurus answer this with some reference of legal site?


1. Employee gets labor and I-140 approved from employer A - labor EB3.
2. After 3-4 months, employee without leaving employer A, files labor from employer B based on future employment under EB2 category.
3. Employee gets labor and I-140 approved from employer B.
4. Employee files 485 based on earlier priority date and later labor category.
5. 485 filed from company B is denied based on any reasons.

Can an employee file 485 again from first company based on first labor and 140?

 

[desi3933]

depends on the reason for I-485 denial

I found this question in some other forum. I am in exactly the same boat. Can gurus answer this with some reference of legal site?


1. Employee gets labor and I-140 approved from employer A - labor EB3.
2. After 3-4 months, employee without leaving employer A, files labor from employer B based on future employment under EB2 category.
3. Employee gets labor and I-140 approved from employer B.
4. Employee files 485 based on earlier priority date and later labor category.
5. 485 filed from company B is denied based on any reasons.

Can an employee file 485 again from first company based on first labor and 140?

The short answer is, yes.

Key question is the reason for I-485 denial. If it is due to Company B, one could be safe. But it is due to, say, being out of status then it is not going to help much.

Infact, if Intent to deny is recieved, the underlying I-140 can be replaced without filing new I-485.

 

[PBECIsKillingMe]

Gurus, more opinions are required please.