tarsem

My past employer filed I-140 and later I filed I-485 and I was laid off after filing of I-485 and I had crossed 180 days I-485 pending. Past Employer revoked my I-140 after few months before my I-485 crossed 180 days still that I-485 is pending. I got the EAD, AP but never used. Service center NSC

I joined new employer he filed LC for me and today my LC has been approved, my job duties were same as for past employer, now I want to file I-140 and I-485, EAD, AP concurrently in CSC

Can I file new I-485 while one is still pending with other service center and have no use to me? Can I file second I-485?

I got confused because one of employee in my company told me that I couldn’t file second I-485. Is there any law that prevents me forum filing second I-485?

I cannot use AC21 for the pending I-485. That is the reason I want to file for new I-485
My employer is not ready to file I-140 for CP, what I should do?
Thanks

Ingo Pakleppa

On Sat, 21 Jun 2003 05:05:17 +0000, tarsem wrote:

    >
    > My past employer filed I-140 and later I filed I-485 and I was laid off
    > after filing of I-485 and I had crossed 180 days I-485 pending. Past
    > Employer revoked my I-140 after few months before my I-485 crossed 180
    > days still that I-485 is pending. I got the EAD, AP but never used.
    > Service center NSC
    >
    > I joined new employer he filed LC for me and today my LC has been
    > approved, my job duties were same as for past employer, now I want to
    > file I-140 and I-485, EAD, AP concurrently in CSC
    >
    > Can I file new I-485 while one is still pending with other service
    > center and have no use to me? Can I file second I-485?

No, but you can substitute a new I-140 into the existing I-485. I'm not
sure whether this is necessary, though, because your old I-140/I-485
should be fine even after the employer withdrew the I-140. Legacy INS and
BCIS never actually issued regulations, but most lawyers seem to think
that the 180 day period actually means "if the I-485 takes longer than 180
days, you can change jobs - even before the 180 days are up". The letter
of the law supports that theory.

    > I got confused because one of employee in my company told me that I
    > couldn’t file second I-485. Is there any law that prevents me forum
    > filing second I-485?

Yes, that is indeed true.

    > I cannot use AC21 for the pending I-485. That is the reason I want to
    > file for new I-485
    > My employer is not ready to file I-140 for CP, what I should do?
    > Thanks

I would certainly recommend you hire an attorney to sort this out. I don't
understand why the employer doesn't want to file an I-140 for CP if they
would file one for AOS.

--
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Dan

Many employers would not file using the CP route because of a simple reason:
they want you there. With AOS, even if it takes forever, you will be able to
work continously for them, even in case of an unforseen problem.

In the case of consular processing, the employee may get stuck abroad, which
is something the HR dept. loath because of two resons: they get all the heat
from the managers for losing an employee and they often have to call the
consulates in the middle of the night (time zones).


"Ingo Pakleppa" wrote in message
news[email protected]...
    > On Sat, 21 Jun 2003 05:05:17 +0000, tarsem wrote:
    > >
    > > My past employer filed I-140 and later I filed I-485 and I was laid off
    > > after filing of I-485 and I had crossed 180 days I-485 pending. Past
    > > Employer revoked my I-140 after few months before my I-485 crossed 180
    > > days still that I-485 is pending. I got the EAD, AP but never used.
    > > Service center NSC
    > >
    > > I joined new employer he filed LC for me and today my LC has been
    > > approved, my job duties were same as for past employer, now I want to
    > > file I-140 and I-485, EAD, AP concurrently in CSC
    > >
    > > Can I file new I-485 while one is still pending with other service
    > > center and have no use to me? Can I file second I-485?
    > No, but you can substitute a new I-140 into the existing I-485. I'm not
    > sure whether this is necessary, though, because your old I-140/I-485
    > should be fine even after the employer withdrew the I-140. Legacy INS and
    > BCIS never actually issued regulations, but most lawyers seem to think
    > that the 180 day period actually means "if the I-485 takes longer than 180
    > days, you can change jobs - even before the 180 days are up". The letter
    > of the law supports that theory.
    > > I got confused because one of employee in my company told me that I
    > > couldn't file second I-485. Is there any law that prevents me forum
    > > filing second I-485?
    > Yes, that is indeed true.
    > > I cannot use AC21 for the pending I-485. That is the reason I want to
    > > file for new I-485
    > > My employer is not ready to file I-140 for CP, what I should do?
    > > Thanks
    > I would certainly recommend you hire an attorney to sort this out. I don't
    > understand why the employer doesn't want to file an I-140 for CP if they
    > would file one for AOS.
    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please visit my new FAQ at http://www.kkeane.com (still under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my new Web site
    > http://www.ingopakleppa.com ! Comments are welcome.

Manish

Ingo,
Many employers don’t allow CP option the reason is that through CP they may get GC fast while with AOS they have to be working with them and have to wait for GC 2-3 years after filing I-485, if you check the I-485 processing times they have not moved in 1 year in many service centers.

I hope one can file second I-485 while other is pending.

Visit the thread below that person filed two I-485 employment based and BCIS has not prevented filing second I-485, I did not read any info on BCIS site.
Please visit the thread:
http://www.immigrationportal.com/sho...648#post503648

If you check Murthy Chat, she has advised that if I-140 is revoked before 180 days I-485 filing then I-485 will be denied
http://www.murthy.com/chat0507.html

atanu : I changed job after 180 days of I-485 and my old company has proceeded to revoke the I-140. Do I need to take any proactive action now to protect my I-485?

SPEAKER_Attorney_Murthy : If the I-140 petition is revoked, then the I-485 will likely be denied by the INS. It is not clear if the employer can legally revoke the I-140 under the AC21 law but under prior law that was clearly permissible. The way to protect the I-485 is to file a new LC and a new I-140 and then try and substitute it with the new I-140 in the pending I-485.


You are correct that the person can attach the approved new I-140 with pending I-485

What can a person do if the pending I-485 is denied before his/her new I-140 is not approved? Where he will attach that I-140?
Then he/she may have to file new I-485 that is the reason many file second I-485 with new approved I-140 because still no Final AC21 rules have been issued.
Recently service centers denied 2 cases where I-485 was pending more than 180 days and I-140 was revoked after 180 days of pending I-485,
You can read about the cases:
http://www.murthy.com/ukac21.html
I hope one can file second I-485 and he/she is only going to pay extra for the Fee for Lawyer and BCIS fees, Law does not prevent you filing second I-485, I searched the BCIS site and Google

Manish

http://immigration.about.com/library.../aa012300a.htm

Question #11: I am a computer professional, What are my options if the company terminates the employment after filing I-485 and got a work permit for both myself and spouse?

Carl Shusterman: The first thing that you should do is to find a new employer who is willing to petition you for permanent residence. Use your EAD to begin working
immediately, have the employer submit an RIR labor certification, a visa petition and an application for Adjustment of Status. If your EAD expires before the second application for adjustment of status is submitted, have your new employer submit an H-1B petition on your behalf.

You can leave the country, obtain a new H-1B visa and return to the US using the new visa. Incidentally, you will be entitled to retain your initial priority date.

Manish

Update for Tarsem and Ingo


I just spoke to my Lawyer here is what he said.

"It is OK to have two 485s pending at once, as long as they are based on separate LCs. It is also OK to have a 485 pending and consular processing pending. In general, consular processing is riskier than adjustment of status and we normally recommend adjustment of status, especially if the client has any concerns about the security of her job."

Ingo Pakleppa

On Tue, 24 Jun 2003 18:31:06 +0000, Manish wrote:


    > Update for Tarsem and Ingo
    >
    >
    > I just spoke to my Lawyer here is what he said.
    >
    > "It is OK to have two 485s pending at once, as long as they are based on
    > separate LCs. It is also OK to have a 485 pending and consular
    > processing pending. In general, consular processing is riskier than
    > adjustment of status and we normally recommend adjustment of status,
    > especially if the client has any concerns about the security of her
    > job."

I completely disagree with having two I-485s at once. Some day I'm sure
I'll find the place in the regulations ;-)

As for I-485 and consular processing, this is not supposed to happen, but
people sometimes get away with it. Legacy INS issued a memo about this
situation, and said that applying for consular processing is considered
abandoning the I-485. Of course, only if they find out about it.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.

Manish

Ingo,
My attorney is NYC based reputed lawyer, who has more than 20 years practice in immigration law and very active in AILA and have very good reputation, the below answer is to my

Question: if One has I-140 Approved by Company A and company A Filed I-485 and then lay off after 4 months after Filing I-485 and I-40 is revoked before I-485 completing 180 days then in this scenario it is not possible that one will be able to use AC21 as no final regulations and I posted him Murthy site update where BCIS denied 2 cases, he said that nobody is sure as BCIS has changing positions lack of Final regulations

I asked him that still that I-1485 based on company A I-140 is pending
And now the person after getting a job with company B filed new LC, and LC got approved and can he file I-140 and I-485 concurrently as his I-485 that was filed based on Company A I-140 it is still pending

ANSWER: It is OK to have two 485s pending at once, as long as they are based on separate LCs. It is also OK to have a 485 pending and consular processing pending. In general, consular processing is riskier than adjustment of status and we normally recommend adjustment of status, especially if the client has any concerns about the security of her job."

What he means to say is that his I-485 that was filed based on company A;s LC and I-140 can still be pending

And he is Eligible to file with Company B approved LC his new I-140 and I-485 concurrently, and pending of his /her past I-485 will be OK as both the I-485 are not based on Same LC or I-140, both the I-485 have base of different LC and different I-140 and different employer
The other option he gave is:
Attorney said that one can file I-485 based on company X I-140 and if he/she has got other LC approved through Y he/she can have that for CP pending, or file for I-485, this I-485 filing will have no problem with earlier pending I-485
OR
A} Same person LC and I-140 approved for Company X he/she can file for AOS or I-485
B} Same person LC approved through company Y he/she can File for CP while the I-485 based on company X I-140 is still pending
And in the above scenario both CP and I-485 can be pending for the same person