Using my Labor Approval for 2nd GC- BK

K

kavurub

Registered Users (C)
I have a pending 485 (EB3) with an approved labor, (dont know if it will get approved) as I had to quit just one month after filing for 140/485 concurrent.

My new company (Big 4 consulting firm) wants to reapply for my GC, can i reapply for my GC (EB2) with new pay using my old labor, and cancel the existing 485, will i retain the priority date- .
Please let me know
 
kavurub said:
I have a pending 485 (EB3) with an approved labor, (dont know if it will get approved) as I had to quit just one month after filing for 140/485 concurrent.
---------------- did the employer revoke/cancell the I-140?? what is the status of your I-140 if you check online status??
My new company (Big 4 consulting firm) wants to reapply for my GC, can i reapply for my GC (EB2) with new pay using my old labor, and cancel the existing 485, will i retain the priority date- .

** Let the new employer file the LC in EB2. you cant use the PD of past LC. one can recapture the old LC PD only if your I-140 filed by past employer was approved.
if the past I-140 is approved and past employer did not revoke I-140 you may be eligible for AC21. dont cancel the existing 485. once your new I-140 gets approved you can Interfile that New I-140 approval copy with pending I-485. when you file second I-140 dont forget to write your A# on second I-140 form(inform the lawyer when he file the second I-140 so that he can write that A# on I-140 form(your A# is on I-485 filing reciept) if the past I-485 gets denied then file new I-485, you can also file second I-485 while the early I-485 is pending.
Please let me know
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Thanks a Lot Ginnu

My 140 was approved and I can see that online (I have been renewing EAD for last two times). Also, my old employer did not cancel it.

Will AC21 help. As I was laid off before 6 months & then 140 was approved, will this not create a issue if i apply for AC21, I was afraid they will cancel my 485 as well.

And once my new 140 is approved, if we put the A number, does the filing date of old 485 be used for new 485.

Please let me know.
 
kavurub said:
My 140 was approved and I can see that online (I have been renewing EAD for last two times). Also, my old employer did not cancel it.

Will AC21 help. As I was laid off before 6 months & then 140 was approved, will this not create a issue if i apply for AC21, I was afraid they will cancel my 485 as well.
------------ I-485 belongs to you and employer or lawyer cant cancel it, if I-140 is approved and I-485 pending more than 180 days you are eligible to use AC21. by filing I-140 employer has shown the intent to hire you after I-485 approval, GC is for future job. one can file LC, I-140 through A and can file I-485 based on the I-140 while working with B. If I-140 is NOT revoked you are safe to use AC21. better request to invoke AC21 now

And once my new 140 is approved, if we put the A number, does the filing date of old 485 be used for new 485.
-------------you write A# so that USCIS does not give you other A# and they can check with A# that your I-485 is pending. if one gets dualA# it creates problems and delays the process.
what do you mean by "does the filing date of old 485 be used for new 485."????
if you file new I-485 it will have the new date on filing reciept, how you can get old filing date if you file new I-485. you CAN get old PD (as you have I-140 approved in past) at the time of second I-140 filing lawyer need to request early PD and he may need evidence of early I-140 approval, if you have copy of past I-140 approval orI-140 filing reciept give him the copy or try to give him the online printout of I-140 status.
** you are eligible for AC21 better invoke AC21, take the help of new company lawyer or you can hire your lawyer.FYI if you dont change the lawyer then any RFE or approval will go to lawyer who filed your I-485



Please let me know.
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Ginnu,
Thanks for your detailed reply, you are a very patient person. I was using the terms incorrectly, what I meant was that will the USCIS revoke my I 140, I will definitely ask my lawyer for AC21.
 
kavurub said:
Ginnu,
Thanks for your detailed reply, you are a very patient person. I was using the terms incorrectly,
what I meant was that will the USCIS revoke my I 140,
----USCIS can revoke approved I-140 if the employer who filed I-140 writes to USCIS that I-140 should be revoked. USCIS can also revoke I-140 due to fraud.

I will definitely ask my lawyer for AC21.
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What if they invoke 140 anytime now...what happens then? Just wondering. I as since I would like to pursue the same steps myself in the near future and am not sure if my employer shall invoke 140 or not. I cannot even ask them that.
 
dcmetro22042 said:
What if they invoke 140 anytime now...what happens then?
---------------what do you mean by "invoke 140"??? do you mean employer REVOKING I-140?
if the I-140 is approved AND I-485 pending more than 180 days and you get same/similar permanent job offer then you are eligible for AC21 even if the past employer revoke the I-140.


Just wondering. I as since I would like to pursue the same steps myself in the near future and am not sure if my employer shall invoke 140 or not. I cannot even ask them that.
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