Left company after I140 Approved, filed I485 while working for new company

[iv4gc]

Hi,

First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).

Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)

While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.

With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?

1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??

Thanks for your time.

[fromnaija]

If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.

[permfiling]

I am in the same boat as you, PM ed you, please reply

Originally Posted by iv4gc

Hi,

First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).

Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)

While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.

With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?

1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??

Thanks for your time.

[iv4gc]

Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.

Originally Posted by fromnaija

If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.

[permfiling]

Iv4gc,
yes, you will miss the window if dates retrogress but this is the safest approach as if you used company A's GC then u have to work for that company A after getting ur GC. You start applying to Company A for employment in the same job

[iv4gc]

permfiling,

A lot folks want to use AC21 but lawyers suggest not actually filing AC21.

So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?

I believe this is the tack Company B lawyer is suggesting.

Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.


Thanks,

[permfiling]

Originally Posted by iv4gc

permfiling,

A lot folks want to use AC21 but lawyers suggest not actually filing AC21.

So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?

I believe this is the tack Company B lawyer is suggesting.

Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.


Thanks,

I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn

2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,

I think you can go ahead and file the 485 but dont explicitly mention AC21.

I hope we all in the same boat should try out and see ..