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vk2007
01-27-2012, 02:37 PM
HI.. here is my situation:

Worked for company "A" and started my PERM process with them. Joined company "B" in Feb 2010 but company A still continued with my PERM process and filed it in May 2010. Got my I-140 in EB-2 through company A later in the year.

Company B (my current company) filed my PERM recently and it is still pending with DOL.

Question:

1) If May 2010 becomes current in next visa bulletin then while working with B, can I file for I-485 via A (as I did not want to wait for the new PERM and run into the risk of retrogression) without actually joining "A"?

2) If the answer to above Q is Yes. Can I later port or file a second I-485 through B later?

Thanks in advance...

snathan
01-27-2012, 08:30 PM
HI.. here is my situation:

Worked for company "A" and started my PERM process with them. Joined company "B" in Feb 2010 but company A still continued with my PERM process and filed it in May 2010. Got my I-140 in EB-2 through company A later in the year.

Company B (my current company) filed my PERM recently and it is still pending with DOL.

Question:

1) If May 2010 becomes current in next visa bulletin then while working with B, can I file for I-485 via A (as I did not want to wait for the new PERM and run into the risk of retrogression) without actually joining "A"?

2) If the answer to above Q is Yes. Can I later port or file a second I-485 through B later?

Thanks in advance...

If the actual job is not there from company A and if you are filing I-485, its visa fraud. You can file only, the job is still there and the company 'A' is willing to hire you.

vk2007
01-28-2012, 03:48 PM
Just to clarify, the job offer is still there from A and I wont be filing I-485 on my own, I would be contacting A to do that. I am just thrashing out various options with in the legal framework.

vk2007
01-30-2012, 01:19 PM
Gurus... Please share your thoughts..