Urgent questions about AC-21 Vs starting new labor/I140

[namm80]

Hi,

I filed my I-485 last year in July and it's been pending for more than 180 days. My current employer refuses to share a copy of the labor certification with me. Now, i have a another job offer that has same job title and responsibilities and the new employer will transfer my H-1B. My questions are as follows:

a) I know the job responsibilities (and job category code) on my LC, but i don't have a copy of the LC. Can the new employer still file AC-21 using that as the basis?

b) Can the new employer file another PERM LC/I-140 as a back-up and use the I-140 interfiling with my pending I-485. Does USCIS allow filing another I-140 (while a I-485 is pending) for same "alien" and is interfiling possible in this case (assuming I-485 doesn't get denied before new I-140 is approved?)

c) Is it possible to port my existing priority date to this new I-140?

Please share thoughts/experiences.

Thanks!

[bekugc]

Does USCIS allow filing another I-140 (while a I-485 is pending) for same "alien"--> YES

Is it possible to port my existing priority date to this new I-140?
--> YES, i know a case which did that successfully


heres a case of my colleague.

eb2 NY DOL labor applied dec 2002
eb2 perm labor approved june 2005
perm based 140/485 filed - sept 2005
perm 140 approved nov 2005
NY DOL backlog labor approved oct 2006
dec 2006 applied fresh 140 for OLD labor cert,premium process & approved
jan/feb 2007 Ported old priority date from old 140 to new perm 140.
later in 2007, when dec 2002 eb2 became current, he contacted congressmens office and cried that im pending since 2002,
3 weeks later, he got gc in mail...no rfe, no interview.

:-) unfortunately for him , he spent money doing all this and got GC 2 month ahead of the others.....and INS anyway opened the flood gates in july ,..even without porting he wud have got his gc ...like other seniors in the same company.

[namm80]

ANyone with experience to share?

[namm80]

Anyone?