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cricxpert
05-29-2012, 10:28 AM
I was in US from 2001 to 2007. My PD was sometime in 2002 and it was approved in 2006. In 2007 I returned to India and my I-485 was not filed at that time. I am planning to go back to US this year on an H1-B for a different employer. My question is can I use it now with a new employer.
I checked the online status of the I-140 and it says it is approved. So looks like it has not been used for someone else.
I have the EAC number with me but do not have the approved I-140 with me. Will I be able to file a new GC with my old PD or not.

Thanks,
Ramesh

kiransetty1
05-29-2012, 03:16 PM
You have to re-file the GC processing again starting from LC. How ever, you can restore or recapture your PD using your old PD i.e. 2002 if your I-140 is approved. I believe if you have EAC number it should be fine. It is called interfiling. So once your new LC and new I-140 is approved, you can file for 485 immediatly using your old PD. Check with Lawyer

cricxpert
05-29-2012, 10:34 PM
Thanks for your reply. If a company in CA files a GC for me while I am in India how much approximate time it will take. My guess is 3-4 months for Labor certification, 1 month for I-140 premium and I-485 with PD current maybe another 3-4 months. So a total of 8-9 months. Is that estimate correct?
Also, what will be the total cost for an employer to file the GC? I just need to compare it to the H1-B premium processing fees. My guess is about $6000 including the attorney fees. Does it sound correct?

Thanks,
Ramesh