Priority Date becoming current. Just joined new employer


Jai Hanuman

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Hi Gurus,

I need help on the following:

I joined company B last month. It is a big Financial Firm. Before that I was with company A which is a medium sized Indian firm (around 100 employees). I have my Labor and I140 approved through company A. My priority date is in February 2010.

company B will start my fresh Labor in another 6 months. I have good relations with Company A and they agreed to help me out in filing I485 with them if the date becomes current. I am looking forward to join Company A back if i get my GC through them.

My Questions:

1) Considering the fact that I just left company A last month, would there be any issues in my I485 application if I file with company A when my date becomes current?

2) Assuming I get my EAD/AP with above I485 application, and assuming it takes a long time to get my GC (depending upon how many GC numbers are available to be given out in this year till Sep 2012), meanwhile if I get my new Labor approved with Company B, can company B file my I 140 application using the priority date of previous labor application with company A? Are there any issues with it?

3) If YES, since my dates would be current then, can I file for a new I485 with Company B? Wouldn't that be like multiple EAD's? is this allowed?

4) When am I supposed to join Company A back? is it after I get my GC from company A or before that?

5) if i travel outside the country, I have to go for stamping since after my visa go extended it wasn't stamped. If i have my EAD/AP but i never used them, will there be any risks of Visa not getting stamped? i assume there is a question in one of the forms while you go for stamping which says "have you ever filed for Adjustment of Status"

Your help is highly appreciated....

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1. Not really.

2. Yes

3. You would interfile the pending AOS to reflect the new approval.

4. One is supposed to join on approval.

5. Dont assume. You can use AP to come back if necessary.

Something is not quite kosher. I would run the scenario by your Lawyer and also let company B lawyer do his job. Your Lawyer will make sure to keep you kosher in this matter.

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