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Approved I 140, Change of Employer

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Hi All,

I have an approved I 140 from my current employer(EB 2 PD Jan 2011). My next employer is willing to file for EB2 immediatly on joining. My question is, with this rapid movement in PD, will my new employer be able to file I 140 & I 485 concurrently (If the PD becomes current)?

Thanks in advance,

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Yes, if your [old] PD is current, you will be able to file I-485 concurrently with the employer's new I-140.

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My situation is slightly different. Can you advise me for my case.

I have got my I-140 on EB2 approved on last year and changed employer too. My Priority date is April 2010. Now, my current employer is applying for PERM. Since, the dates are almost current, Can I wait and apply for PERM, I-140 and 485 together.

I heard that, we can apply all three at the same time if the dates are current. Can you advise me?



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Thanks Belle for your advice.

1. Will my new employer be able to file LC, I 140 & I 485 together?

2. Do they have to wait for the prevailing wages (from the labor department), since the wages might have changed?

Thanks again in advance

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1. No. An approved LC is needed to file I-140. I-140 and I-485 may be filed concurrently.

2. I am not 100% sure of the process. Whatever needs to be done for the LC, needs to be done.

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Thanks Belle. In my case being a schedule A occupation, can the attorney file I140 & I 485 after the PWD is done?

I appreciate your prompt advice

Thanks in advance

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I am in a somewhat similar situation.

1) Have an approved I 140 from old employer. Priority date is current.

2) The new employer is in process of filing for Labor Certification.

Can I file an I 485 ? Or do I have to simply wait till I get Labor Certification, which could be 6-8 months down the road ?

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