Company A :
* worked for 4 yrs
* have EB3 I140 approved
* left company few days before the dates got current.

Company B :
* joined last month
* Perm filing is in process.

Original plan was to get Perm approval andlater get the PD ported based on earlier approved I-140.

Now i am thinking of filing I-485 based on original approval. Also continue the present PERM. Once PERM is approved merge the cases. Is it doable? What should be the best possible corse of action? Can AC21 portability be used anyways?

You can only file I-485 adjustment of status paperwork for Company A if they still wish to offer you a permanent position. You may have a PERM case going for Company B and 485 paperwork going for Company A at the same time, but again you can only file 485 paperwork through Company A if they still wish to offer you that permanent position.

If Company A does not wish to proceed with any 485 paperwork, you cannot take advantage of any AC21 portability because no 485 paperwork was ever filed and pending for 180 days. You also cannot match up any Company A filings with any Company B filings. You would be left with pursuing the green card totally through Company B. if your PERM cas eis approved fairly quickly, you could cocnurrnetly file the I-140/485 for Company B up until August 17 while the employment-based preference category numbers are still current.

Does Company A still wish to offer you that permannet position?

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
[email protected]

Hi Andrew,

Thanks for your quick reply.

My old company is ready to help me proceed with my I-485 filing. I am going to do that.

Also new company is in the process of filing PERM but it would take somewhat 3-5 months for the approval (adv are about to go in).

If I file I-485 using my approved I-140..would i be able to use the old PD to file new I-485 (after new PERM approval)..considering that dates may not be current.

Also, if i file I-485 now would I be aligible to use AC21 after 180 days.....even though I am not working with my old company.

Thanks,
Ajit

Ajit,

Please see my responses below:

Q.
If I file I-485 using my approved I-140..would i be able to use the old PD to file new I-485 (after new PERM approval)..considering that dates may not be current.

A.
You cannot use the PD from the labor cert filed by Company A for any paperwork field by Company B. For example, if you have I-140 approved for Company B, you must use the PD from that labor cert filing and cannot use the PD from Company As labor cert filing.

Q.
Also, if i file I-485 now would I be aligible to use AC21 after 180 days.....even though I am not working with my old company.

A.
You may take advantage of AC21 even if you are not working for Company A. Position should be same or similar occupation, but whether you are currently working for Company A is irrelevant.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
[email protected]

On Jul 19, 11:15 am, Andrew Wilson
<[email protected]> wrote:
> > Hi Andrew,
>
> > Thanks for your quick reply.
>
> > My old company is ready to help me proceed with my I-485 filing. I am
> > going to do that.
>
> > Also new company is in the process of filing PERM but it would take
> > somewhat 3-5 months for the approval (adv are about to go in).
>
> > If I file I-485 using my approved I-140..would i be able to use the
> > old PD to file new I-485 (after new PERM approval)..considering that
> > dates may not be current.
>
> > Also, if i file I-485 now would I be aligible to use AC21 after 180
> > days.....even though I am not working with my old company.
>
> > Thanks,
> > Ajit
>
> Ajit,
>
> Please see my responses below:
>
> Q.
> If I file I-485 using my approved I-140..would i be able to use the
> old PD to file new I-485 (after new PERM approval)..considering that
> dates may not be current.
>
> R.
> You cannot use the PD from the labor cert filed by Company A for any
> paperwork field by Company B. For example, if you have I-140 approved
> for Company B, you must use the PD from that labor cert filing and
> cannot use the PD from Company As labor cert filing.
>
> S.
> Also, if i file I-485 now would I be aligible to use AC21 after 180
> days.....even though I am not working with my old company.
>
> T.
> You may take advantage of AC21 even if you are not working for Company
> A. Position should be same or similar occupation, but whether you are
> currently working for Company A is irrelevant.
>
> Regards,
>
> Andrew M. Wilson, Esq.
> Serotte Reich Wilson, LLPwww.srwlawyers.com
> [email protected]
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

Hi Andrew,

I am exactly in a situation similar to the one above.

Labor and i140 approved from company A
Switched to Company B few months before priority date became current
PERM in process but will not be approved for filing for
485 by august 17

Question: If company A agrees to help, do they absolutely need to have
a job for me when the green card is received or they have to just make
an offer
WIll i absolutely have to work for them by law after approval or can i
keep working for company B.

I will really appreciate your reply.

Thanks,
Ravi