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I 485 Question

Discussion in 'AC 21 I-140 Portability' started by shwetha, Mar 11, 2015.

  1. shwetha

    shwetha New Member

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    Hi Ron,

    Please help me on the below scenario on how to proceed.

    1. Current employer : applied eb3 in April 2008 ( labor and I 140 approved) and later applied eb2 in 2014 ( labor and I 140 approved couple of days back) and captured
    Priority date to eb2 April 2008.

    2. Meanwhile i applied labor with company B
    In 2011 without joining this company , after 3 years labor approved in 2014. Applied 485 and I 140 concurrently in June 2014. I 140 is pending for past 9 months and we got EAD. We did not used it.

    My question is can I apply another 485 with my current employer as 485 with future employer is pending?

    Please advise. Thanks in advance.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may not file a new I-485, but you may change the basis for your eligibility. Notify the USCIS that you want to use the I-140 for your current employer as the basis for your claim to adjustment of status.
     
  3. shwetha

    shwetha New Member

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    My current employer did not know that I filed 485 with another employer. In this scenario can i with draw 485 related to future employer and apply new one for current employer? Please advise.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Your employer has nothing to do with your I-485. That document is personal to you. While there is nothing stopping you from filing a second I-485 (or third or fourth or fifth), doing so will cause enormous problems for you in the long term. Just concentrate on the one that is pending.
     
  5. shwetha

    shwetha New Member

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    I talked to my current employer he is not sending approved I 140 to me. How can i notify USCIS about this change. Is it possible to withdraw existing 485 application that is currently pending and apply new one. What are my options please advise. Thanks for your reply.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You don't have the file number for the I-140 filed by the current employer?
     
  7. shwetha

    shwetha New Member

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    No I don't have.They never send it to me. When i asked for the approval.They are saying its company policy that they will not send approved I 140.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Then it is useless to you. I have to wonder why they went to the trouble and expense of filing a PERM and I-140 on your behalf if they aren't going to let you use it.
     
  9. shwetha

    shwetha New Member

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    In this scenario can i wihtdraw I 485 pending with USCiCS with I 140 pending related to future employer and apply New 485 using existing employer when dates will become current. I am totally confused on what to do in this scenario?

    Thanks a lot for your reply and answering all my questions.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the current employer won't give you any information about the I-140, you won't be able to file an I-485 using it.
     

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