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  #1 (permalink)  
Old 06-25-2007, 12:10 PM
Member
Priority Date
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Jun-03
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:
EB2
I140 Mailed Date
:
07/14/2007
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India
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I-485
I485 Mailed Date
:
07/24/2007
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gcpain is on a distinguished road
Default I485 Application For future employment.

I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

3. Will I485 as future employment has any problems?

4. Can I use AC21 after 180 days on my I485 future employment application?

5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
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  #2 (permalink)  
Old 06-25-2007, 12:44 PM
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Before 2000
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desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
Default

Quote:
Originally Posted by gcpain
I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

3. Will I485 as future employment has any problems?

4. Can I use AC21 after 180 days on my I485 future employment application?

5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
1. Apply I485 as future employment (GC Job Offer from Employer A)
2. Same as #1
3. No, as long as you have job offer for open future GC job
4. Yes. AC-21 can be invoked.
5. Same as #1 seems to be better option

Not a legal advice
-----------------------

desi3933 at gmail.com
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  #3 (permalink)  
Old 06-25-2007, 12:50 PM
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myuname is on a distinguished road
Default In the same boat

Anybody else in the same boat?

I'd say proceed with filing 485 for now and later you can think about porting etc.
Rather try filing it yourself and save lawyer fees ($1500 per primary applicant and $2000 for primary + dependent? geez this is a special offer?)
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  #4 (permalink)  
Old 06-25-2007, 04:09 PM
Member
Priority Date
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Jun-03
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I140 Mailed Date
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gcpain is on a distinguished road
Default Hello Guys

You guys are great. Guys like you are making this world better place to live. I wish you both good luck.

I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. So now I have to pay only application fees but not any attorney charges. Do you guys know info about following?

I485 applicatio fee:
I-131 applicatio fee:
I765 applicatio fee:


Once again thanks for your advice.
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  #5 (permalink)  
Old 06-25-2007, 04:44 PM
Senior Member
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desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
Default

Quote:
Originally Posted by gcpain
You guys are great. Guys like you are making this world better place to live. I wish you both good luck.

I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. So now I have to pay only application fees but not any attorney charges. Do you guys know info about following?

I485 applicatio fee:
I-131 applicatio fee:
I765 applicatio fee:


Once again thanks for your advice.
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
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  #6 (permalink)  
Old 10-21-2007, 12:42 PM
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chaituk is on a distinguished road
Default Please provide your experience with future employment I-485 filing

Hi, I am in the same boat as you. Can you please provide your experience with filing the future employment I-485 and if AC21 is possible.

My question is: Can you continue to work for employer B while employer A files future employment I-485 and can we use AC-21 after 180 days without being employed with employer A?
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  #7 (permalink)  
Old 10-21-2007, 04:22 PM
ras ras is offline
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May-05
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07/15/2007
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08/15/2008
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Default Curious to know

Quote:
Originally Posted by chaituk View Post
Hi, I am in the same boat as you. Can you please provide your experience with filing the future employment I-485 and if AC21 is possible.

My question is: Can you continue to work for employer B while employer A files future employment I-485 and can we use AC-21 after 180 days without being employed with employer A?

Curious to know...
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  #8 (permalink)  
Old 10-26-2007, 12:10 PM
jsb jsb is offline
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May-04
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06/29/2007
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Default

Quote:
Originally Posted by gcpain View Post
You guys are great. Guys like you are making this world better place to live. I wish you both good luck.

I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....
I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.

BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).

Last edited by jsb; 10-26-2007 at 12:17 PM. Reason: added text
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  #9 (permalink)  
Old 10-30-2007, 04:05 PM
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Feb-06
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gc2009gc is on a distinguished road
Default future employment GC

I have future GC filed from Company X, the priority date is February 2006.



I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is

If I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?

What could be the implications?
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  #10 (permalink)  
Old 10-30-2007, 05:01 PM
jsb jsb is offline
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jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of
Default

Quote:
Originally Posted by gc2009gc View Post
I have future GC filed from Company X, the priority date is February 2006.
I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is if I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
What could be the implications?
It is advisable if work at Y is significantly different than what is in LC filed at X. There is no other negative impact of that, other than filing fees. If Y is willing to file for your LC go for it. That way you are not restricted by rules of AC21. There is no limit on how many I-140 or LC's you can have.
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  #11 (permalink)  
Old 09-01-2008, 12:41 PM
Member
Priority Date
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Feb-03
Category
:
EB3
I140 Mailed Date
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02/20/2006
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I-485
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06/18/2007
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bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold
Default

Quote:
Originally Posted by jsb View Post
I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.

BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).
You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485
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  #12 (permalink)  
Old 09-01-2008, 03:13 PM
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GcSTART1 is on a distinguished road
Default CLarification

Quote:
Originally Posted by bazuka6 View Post
You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485
I a in similar situation My I 140 is approved from previous employer (company A) if the employer agrees to go forward with I 485 , Can I still work for Compnay B and use Ac21.

For AC21 does the jobs exactly have to match with the technoligies mentioned in labor , Or a generic job descirption of Software developer will be taken in to considerarion.
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