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  #1 (permalink)  
Old 12-03-2010, 05:49 PM
Junior Member
Priority Date
:
Nov-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 3
kaki_gc is on a distinguished road
Default Can I use old I-140 to file I-485?

Here is my case detail.

Company A applied LC and 140 for me in 2004. Both got approved under EB2.
Then I joined company B in 2005. Company B started my GC process in 2008 and LC approved under EB3. Attorney told me that he filed LC under Eb2 but it got approved under EB3 due to job requirement and he cannot do anything. I don't want to continue the process since EB3 will take several years to get GC even if I port to 2004 PD.

My company A attorney is saying that he can file I-485 using my old I-140 (EB2) and it won't create any issue even if I cannot go back to company A after GC.

Is it possible to continue in Company B after GC without any issue if I use my old I-140?

Thanks in advance.
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  #2 (permalink)  
Old 12-03-2010, 06:07 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jul 2008
Posts: 233
andycool is a name known to all andycool is a name known to all andycool is a name known to all andycool is a name known to all andycool is a name known to all andycool is a name known to all
Default

Quote:
Originally Posted by kaki_gc View Post
Here is my case detail.

Company A applied LC and 140 for me in 2004. Both got approved under EB2.
Then I joined company B in 2005. Company B started my GC process in 2008 and LC approved under EB3. Attorney told me that he filed LC under Eb2 but it got approved under EB3 due to job requirement and he cannot do anything. I don't want to continue the process since EB3 will take several years to get GC even if I port to 2004 PD.

My company A attorney is saying that he can file I-485 using my old I-140 (EB2) and it won't create any issue even if I cannot go back to company A after GC.

Is it possible to continue in Company B after GC without any issue if I use my old I-140?

Thanks in advance.

Your company A should have a Job offer to you to file your I 485 Through that company.

you can use Ac-21 and work for company B after 180 days of filing your I 485.

But if you dont have any intent to work for Employer A ?? How will company A file your I

485 and if USCIS finds out the you never intended to work for A then you may be in a

problem..

Thanks
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  #3 (permalink)  
Old 12-03-2010, 06:43 PM
Junior Member
Priority Date
:
Nov-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 3
kaki_gc is on a distinguished road
Default

Quote:
Originally Posted by andycool View Post
Your company A should have a Job offer to you to file your I 485 Through that company.

you can use Ac-21 and work for company B after 180 days of filing your I 485.

But if you dont have any intent to work for Employer A ?? How will company A file your I

485 and if USCIS finds out the you never intended to work for A then you may be in a

problem..

Thanks
Thank You, andycool.

I discussed this with couple of attorneys. They said do NOT file. But company A attorney is keep saying that he can do without any issue. he says if USCIS finds then he can provide evidence that company A is not in position to pay.
But I think it is considered as fraudulent intent. It will create a serious problem for me.

Couple of my colleagues got GC in same manner through this attorney and working without issues. Thats why I am thinking again and again.

Can you please tell me what type of problem I may get after GC?

thanks
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  #4 (permalink)  
Old 12-03-2010, 06:47 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jul 2008
Posts: 233
andycool is a name known to all andycool is a name known to all andycool is a name known to all andycool is a name known to all andycool is a name known to all andycool is a name known to all
Default

Quote:
Originally Posted by kaki_gc View Post
Thank You, andycool.

I discussed this with couple of attorneys. They said do NOT file. But company A attorney is keep saying that he can do without any issue. he says if USCIS finds then he can provide evidence that company A is not in position to pay.
But I think it is considered as fraudulent intent. It will create a serious problem for me.

Couple of my colleagues got GC in same manner through this attorney and working without issues. Thats why I am thinking again and again.

Can you please tell me what type of problem I may get after GC?

thanks
"If he can provide evidence that company A is not in a position to pay ..."

Then your I 485 Will be rejected ..

Does your Employer A know that this Attorney will file your I 485.

It looks fishy to me ..........

thanks
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  #5 (permalink)  
Old 12-03-2010, 07:01 PM
Junior Member
Priority Date
:
Nov-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 3
kaki_gc is on a distinguished road
Default

Quote:
Originally Posted by andycool View Post
"If he can provide evidence that company A is not in a position to pay ..."

Then your I 485 Will be rejected ..

Does your Employer A know that this Attorney will file your I 485.

It looks fishy to me ..........

thanks
Thanks. That evidence is for the issues after GC. Employer A doesn't know.
hmm.. I don't want to take risk..I will wait..
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