I140 processing with another employer


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Hello Experts,

Need your expert advice on filing I-140 application. Below are complete details..

Employer "X" started my labor application by considering my skillsets (A,B,C,X,Y,Z) for ads etc...This application was selected for audit and was pending for a long time. As this labor application was filed within last 365 days of H1 and long audit timeframes, I found another employer "Y" in the meantime who filed my labor (with skill set: X,Y,Z).

The second Labor application was approved, then I-140 (submitted affidavit experience letter) and finally H1 transfered (got approval for 3yrs). Now I'm currently working for Employer"Y".

Recently, I got to know that Employer "X" labor has also been approved and are ready to process I-140. Apart from the priority date advantage (which is 5months earlier) with Emp-"X" the other points to consider are

a) Skill set : employer X's ad had both technical & functional skillsets but whereas Employer Y's ad has only technical...

b) PWD is VERY HIGH for employer Y (current employer)

I'm a techno-functional consultant with multiple skillsets and hence more leaning towards emp-X so that I can continue working on functional side only in future.

Qs1: So, if the latest I-140 application (by employer"X") is submitted specifying previous I-140 details, would the reviewing officer be validating both skillsets specified in the applications? If so, would it raise any questions? What are the regulations in these scenarios?

Note: I have ALL the skillsets on my experience letter.

Qs2: Is the current salary expected to be matching with PWD identified with Labor?

Please review these details and suggest me if I can proceed with Emp-"X" I140 application?

Thank you for your time.

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  • 2 weeks later...

Most of your questions are a matter of personal preference. Certainly, it is understandable that 2 different employers have different requirements for their 2 different jobs, and it sounds like you qualify for both so there doesn't appear to be a problem there.

Generally, the wage offered in the labor certification and I-140 is not required to be paid until the GC is approved.

You may want to discuss these questions with your attorney or another qualified immigration attorney.

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