newbie18 Posted February 24, 2013 Report Share Posted February 24, 2013 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. Link to comment
newbie18 Posted March 5, 2013 Author Report Share Posted March 5, 2013 Murthy team/ Sr Members, Any inputs on the situtaion described. Please help. Thanks! Link to comment
Attorney_25 Posted March 6, 2013 Report Share Posted March 6, 2013 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. Link to comment
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