Interfiling with new approved I-140
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Interfiling with new approved I-140
Hi folks,
Here is my background:
PD Sep 03. EB3 India (NSC)
140/485 concurrent filing Apr 04
140 Approved Apr 05
Used AC21/EAD to change jobs Jun 05
I have a MS but in 2003 my employer refused to file under EB2 and made
me pay for the green card processing. I was close to end of 4th year on
my H1 and did not want to change employers at that time, So I agreed to
their conditions but changed jobs at the first opportunity. A year
after that, due to retrogression, the 485 approval is still at least
2-3 years away assuming no change in rate of approval.I came across a
post on one of the immigration forums discussing interfiling with a new
approved 140 (i.e. transefer the pending 485 to the new 140).
I have a few questions.
1. Is this a viable/safe option for me: Get my current company file a
new EB2 PERM labor and a new 140 after that and use interfiling.
2. What are the approximate time frames for PERM + 140? Basically is
there a significant time saving? I have also read interfiling has very
low priority.
3. I used EAD when I changed jobs so I will have no H1-b to fall back
on if my 485 is not approved. If the USCIS denies the 485 transfer will
my original 485/EAD (through my EB3 140) be affected in any way and
will I go out of status as a result?
I know this is too complex to be done without a lawyer. But I just want
to hear from some knowledgeable and experienced people before talking
to my current employer.
Thanks for your help
EN
Here is my background:
PD Sep 03. EB3 India (NSC)
140/485 concurrent filing Apr 04
140 Approved Apr 05
Used AC21/EAD to change jobs Jun 05
I have a MS but in 2003 my employer refused to file under EB2 and made
me pay for the green card processing. I was close to end of 4th year on
my H1 and did not want to change employers at that time, So I agreed to
their conditions but changed jobs at the first opportunity. A year
after that, due to retrogression, the 485 approval is still at least
2-3 years away assuming no change in rate of approval.I came across a
post on one of the immigration forums discussing interfiling with a new
approved 140 (i.e. transefer the pending 485 to the new 140).
I have a few questions.
1. Is this a viable/safe option for me: Get my current company file a
new EB2 PERM labor and a new 140 after that and use interfiling.
2. What are the approximate time frames for PERM + 140? Basically is
there a significant time saving? I have also read interfiling has very
low priority.
3. I used EAD when I changed jobs so I will have no H1-b to fall back
on if my 485 is not approved. If the USCIS denies the 485 transfer will
my original 485/EAD (through my EB3 140) be affected in any way and
will I go out of status as a result?
I know this is too complex to be done without a lawyer. But I just want
to hear from some knowledgeable and experienced people before talking
to my current employer.
Thanks for your help
EN