Can you file 485 and an NEW Perm parallel


naveen27

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Hi, Joef, Belle Pontevecchio, and other experts: please advise,

I have an approved 140 with my old employer and the PD is current and he is willing to file my 485.My current employer is filing my Perm, so I can port my PD to my current employer, which might take a while. The concern I have is:

Can they both be done at the same time as the USCIS might see that as conflict of interest. (My 485 say I am willing to go the old employer, but again my current employer is filing, labor and 140 subsequently).

Thanks in adavnce.

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If you do file for 485 and if it gets approved then you have to join the old employer. If you want to be with new employer, then file new perm and I140 and DO NOT file for 485 for the above mentioned reason. So if you wish to stay with new employer then do not file for 485 and start perm process with new employer. You can port the old PD at the time of filing new I140.

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Tachnically, there is no issue having a pending I-485 and PERM. You are not an LPR yet (obviously, you can't have a PERM filing once you are an LPR).

Also, your old employer can't file I-485. Only you can. By filing one, you express your honest intent to work for that employer upon approval of your petition.

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GC is for a future based employment and your PERM has nothing to do with your old application or any pending one. Your new PERM is for a future based employment with you new employer whereas your old I-485 is for a future employment with your ex employer. Probablity is that you can get your EAD/ AP in next 6 months whereas porting the old PD to new I-140 will have enough time atelast 6 months from the date of your new PERM approval date. Therefore by all means you are likely to get your EAD/ AP before you file your new I-140. In both the scenarios there is no conflict of interest as both applications are for future based employment and picking up the employer is solely individuals choice.....even if get 2-3 EAD's ..its my choice to go whichever employer I want to go with....similar to multiple H1b petitions.....! In both the scenarios you are not filing parallel I-485's therefore chances of USCIS picking up or senidng RFE is nearly impossible.........I have seen people doing this and getting through without issues........!

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Thanks Shurap1.

I will join my old employer once 485 is approved. But when its being processed, is that OK to have another Perm being processed (Labor and 140) with my new employer.

Thanks again.

Absoloutely...you can join your old employer when u get your EAD or after GC approval......whereas in the new PERM, you are filing only Labor and not I-140 until your labor is approved.....And you still have time to file your new I-140 as per the law you have 6 montsh from the date of Labor approval to file I-140 else your labor is void. Therefore I see your EAD or GC will come much more before you file your new I-140. Once you get EAD or GC ...you can quit the new GC process....

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