485 filing - based on previous employer i-140


vighnesha

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Hi

I worked with my previous employer 5 years & my priority date is May 2009 & i-140 approved in EB2.

recently my previous employer laid me off & myself found another employer , who is filing my labor this month.

my question, as the dates are current can I file for 485 using my previous employer i-140,. attoreny says we can file 485 using my previous employers i-140 , is this correct, or will it leads to any issues to the present employer LABOR filing...

Appreciate your help.

Thanks

Vighnesh

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I would do what the attorney says. Every approval is made on a case by case basis and only attorneys with lots of experience knows how to handle it. I need an attorney like yours. who do you deal with?

If there is no job offer from the employer who filed the I-140, the I-485 would be denied. Period.

No lawyer worth his or her money would file such an I-485 or suggest to file it.

The new employer has to start the process over from scratch, but the PD of the old I-140 can be used, by law.

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as my present employer filing my labor & my attroney filing my 485 using my previous employers I-140 , does it jeopardise either of this..

or, these filings are totally isolates / unknown to immigration ..

ie. once my company files labor, will the 485 filing thru my prevous employer i-140 gets invalid / - present company labor gets RFE ...

appreciate your reply

NR

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as my present employer filing my labor & my attroney filing my 485 using my previous employers I-140 , does it jeopardise either of this..

It is not possible to do that. It will result in a denial, and possible more serious stuff because it would be a frivolous application.

Find another lawyer, one who doesn't try to have you do bad stuff.

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