Porting to EB2

[andisash]

Seniors, please help!!!

My husband is the primary for our GC process. I485 was applied in 2007 and since then we are on EAD & AP. Priority date is 2005 EB3. His labor was filed on a substitute pre-approved labor. He has never worked for that company. His current company of 3 years is filing for a new labor to upgrade to EB2. My question is, at the time adjudication, orंं when his case opens, he may be asked to show his pay stubs and W2 from the original company who first filed his labor. Since he never worked for that company, he has none of those documents. Will his case be rejected?

Seniors, please advise!! We have grown up kids whose future depends on our GC. What should we do?? We are very disturbed.

[ashuneel]

GC is for future employment so why the need to have pay stub/w-2 from  original company.

[andisash]

Our Lawyer informed us that USCIS may ask us for that information which we dont have as my husband never worked for the company. Seniors, can you please advise?

[ksribhas]

Need more clarity may be.

 

Assuming the current employer is B, are you saying your husband never worked for employer A ? Which employer was he working when his I-140 was approved?

[andisash]

While he was working for company C, company A filed for his Labor & I140. They filed for his 485 in July 2007. In march 2008 he left Company C & joined company B. Ever since, he has been on EAD & AP along with family. Now company B filed for labor in EB2. I am seeking advise on his case. What risks do we have and what can we do if any risks?

[ksribhas]

You should not have any issue. GC is for a future employment. But have you filed AC-21 since you are not intending to get 485 approved based on the original petitioner?

[Belle]

You need to explain to the lawyer that the petition was filed for future employment and show the job offer letter filed in 2007 with the I-485 filing.