View Full Version : Changing companies while filing 485

07-17-2007, 02:45 PM
In my current job, I filed for my I-140 (premium processing) three weeks ago but missed filing for the I-485 on July 2nd. However, the lawyers for my current company are urging us to go ahead and file our 485s in July. My current PD is Sept 2003.

In the meanwhile, I got a job offer from a great company in a position a position that is just ideal for the growth of my career. This new company had an approved PD from Dec 2002 that they said they could use for me for labor substitution. I accepted the offer - BUT they wisely recommended that I remain with my old company until they manage to get an approved H1. The
new company filed for a labor substitution via the I-140 last week (right before the deadline - no premium processing is allows for I-140 labor substitution though). The H1 will be filed will be filed with premium processing
this week and so should be ready 2 weeks later. I there after plan on giving my 2 week notice to my current company.

I really don't want to miss this July window as my wife is on H4 and currently has a tentative job offer pending work authorization.

My question is - is there any benefit or any disadvantage in filing for the I-485 this week with my current company (even though I plan on leaving in about 5 weeks)? Can the new company file for the I-485 even though my H1 has not been filed and approved yet?

I'd appreciate any info on this.