What are the Options????

S

Sabu

Registered Users (C)
Friends,
I will have to decide something very important soon and I need your advise. Kindly help me Gurus.

My I-140 got denied due to incorrect reasons and we filed for an appeal in Jan 2003. Now the online status and AVM status states that all my petitions are pending. (My I-140, I-765, I-485, My wife's I-485). Earlier Status was "Denied". It is more than six months now and nothing happened so far. TSC neither approves my I-140 nor sends to AAU, Washington.

My H1B is going to expire soon and I found an Employer in Nebaraska Service Center, who is willing to sponsor me and to file I-140/I-485 with approved labor. I have to say "Yes" to them soon.

My questions here are
1. According to AVM and Online Status, My I-485 is pending now. Is it O.K to file another I-485 from different Employer in Different Service Center?

2. After I file I-140/I-485, if my old I-140 gets approved , what are my options?

3. Is there any way, I can file I-140 with new Employer in Nebaraska Service Center with I-485 which is pending in TSC?

4. What are the options for this situation?

For your information, I have never worked for the current sponsor so far. But I will be working with the new employer, if I choose to join.

Thanks,
Nanshi.
 
1. Well it is tricky. Generally you are not supposed to file for another I485 (nothing illegal, a question of intent- will you file for another I485 after a month?) Since it is different service center it should be okay. Since you have not got any alien number (I140 still pending) I guess this dual application might not be caught..

2. If the previous I485 is not cancelled or withdrawn, you can still pursue I485 based on that 140..

3. Tentative yes... OK Dunno

Hmmm not working for current sponsor? Why dont you withdraw all the current petitions and stick with the new ones?
 
I don't think you can do that ... I believe LC is only valid for the state where you live now. If you move to another state with another employer, you will have to start from the very beginning.
 
I agree with Penn about the state specific LC thing. This is why even during I-485 stage, you're supposed to be working at a similar job in the same state be it a different employer until you're adjudicated. that's just my opinion but your lawyer may say otherwise.
 
Hi Jaxen,
Thanks for your reply. I am also thinking the same. Withdrawing all the old petitions in TSC and go ahead with new employer in NSC. By the way, I already got my alien number A#.

Hi Pennn433, Deputydawg,
Thanks for your reply. I was talking about filing I-140/I-485 with approved labor with new employer. LC is not even valid for the state. LC is valid for only the Employer. If you change the employer, then your old LC is not valid.

Nanshi.
 
Just now I found out that my case has been forwarded to AAU, Washington. Finally a happy news from TSC.

Thanks
Nanshi.
 
Nannshi, good luck to you.

1. According to AVM and Online Status, My I-485 is pending now. Is it O.K to file another I-485 from different Employer in Different Service Center?

You should have filed Motion to Reopn (MTR) for your denied I-140 instead of gone to appeal. Anyway I agree with jaxen now that you'd better go to the next employer now.

2. After I file I-140/I-485, if my old I-140 gets approved , what are my options?

You can have two I-140, but not two I-485. If your old I-140 is approved and your old employer does not cancel it, you can select CP. You may change your approved old I-140 to be transferred to US Embassy for CP processing now.

3. Is there any way, I can file I-140 with new Employer in Nebaraska Service Center with I-485 which is pending in TSC?

Yes.

4. What are the options for this situation?

As Jaxen said. File I-140 in NSC. You may select CP for that and leave the I140/I484 in TSC as they are. Or you can select AOS for the new I-140. Withdraw the I-485 in TSC after filing new I485 in NSC.

Good luck.
 
Hi, Nanshi,

Actually you can have two I-485. Whenever one I-485 is processed, you will get a RFE asking you which one you want to keep. Of course when you file you new I485 in NSC and you I-140 in TSC has not been approved, you'd better cancel the I-485 in TSC soon after the I-485 filing in NSC. In doing so, you avoid the delay of RFE.
 
You must log in or register to reply here.
Top