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I-140 Approved With Previous Employer

Discussion in 'AC 21 I-140 Portability' started by instacal, Sep 24, 2015.

  1. instacal

    instacal Guru

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    I have an I-140 approved with previous employer for which the PD will be current as per Oct visa bulletin.
    If I join back my previous employer, do I need to start the PERM process again or can I apply for 1-485 next month based on the previous PERM filing?
    Also, do I have to join the same location for which Perm was applied or can it be for any location or position with that employer?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It depends on how the PERM was drafted. Did it have relocation language?
     
  3. instacal

    instacal Guru

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    yes it did have relocation language. does it have to be in the same position?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It does have to be the same position, but it can be at a different location.
     
  5. instacal

    instacal Guru

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    Thanks Ron! Also, the employer with whom I have an approved I-140 has undergone an acquisition recently and there has been a name change. Will we have to file I-140 amendment along with the I-485 application?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If it is only a name change, you can take care of that in the job offer letter. If the EIN is different, however, you need a successor in interest I-140.
     
  7. instacal

    instacal Guru

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    Thanks again Ron! Last question on this topic, if my previous employer is ready to provide EVL and I file I-485 next month, do I have join them on getting EAD or GC?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to have a good faith intention of joining them.
     
  9. djayash

    djayash Guru

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    after getting GC
     
  10. instacal

    instacal Guru

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    how do i prove good faith intention of joining them?
     
  11. djayash

    djayash Guru

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    You don't have to...But, let's say you go for citizenship interview, it will be denied....In the meantime, if they find out that you have not worked for the sponsoring employer, your GC will be cancelled for fraud...
     
  12. instacal

    instacal Guru

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    I have worked for them previously and I do intend to join them immediately and work for them again. So can I go ahead and file for I-485 next month if I get the go ahead from my previous employer? Do I have to join them or will the EVL do for now?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you don't work for them after filing the I-485, you need to be able to explain the reason for your change of heart.
     
  14. pdevarapu

    pdevarapu Junior Member

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    Is it a valid reason if employer eliminated the position since the time of filing AOS and no reasonable position with relevant skills is open now?
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That will work.
     
  16. RAM GADIYARADA

    RAM GADIYARADA New Member

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    Hi Ron,

    I have an approved I-140 from June 2009 from an old employer. Recently when I checked the status on the USCIS website, it says this

    Case Was Received and A Receipt Notice Was Emailed
    On November 2, 2015, we received your Form I-140, Immigrant Petition for Alien Worker , Receipt Number LIN***********, and emailed you a receipt notice. It is being processed at our Nebraska Service Center location. The notice describes how we will process your case. Please follow the instructions in the notice. If you move, go tohttp://www.uscis.gov/addresschange to give us your new mailing address.

    What could have happened here?

    Thanks

    Ram
     
  17. SekharKasi

    SekharKasi New Member

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    Hi Ron,

    I hope you can help me answering this question and thank you for your time in advance. This is related to AC21.. I looked into SOC codes and as stated in my labor certificate , I think I belong to 15-1131 or 15-1132 .("Programmer analyst" ). but now with my new employer my current duties are more tied to 15-1199 (software QA analyst, although I work as developer) .. could you tell if this is going to be any problem .. I need to respond to recent RFE since my PD is going to be current (Feb 2005 EB3) ..thank you very much
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I'd be comfortable with that analysis, but you never know what the USCIS is going to do. If I had to guess, I'd say that they would regard your job change as being "same or similar."
     

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