how can I straighten out things with my case approval?

[tired of this]

Wanted to post updates and gather opinions from experts/attorneys.

 

Quick summary:

 

EB2 485 has been pending with employer "A", but has been working for "B" and 140 approved. Hate to contunue work for B anymore unless mandatory.

 

In anticipation of approval, interviewed with Company "C" three times so far, which is my dream job. One of their managers is out of country , so I've been told to wait for a formal offer by October 1st.

 

Update:

- Received the approval on my case last week by e-mail

-Notified "A" by e-mail that I'm ready to be back onboard and he gave me a confusing reply that "give me some time, I'll get back to you"

 

Questions

1. Not sure if the cases have been interfiled between A&B, and for what company the approval is for?

So how stupid it will be to take infopass with CIS and ask them for clarification, thus opening can of worms?

 

Attorney "A" can not help me as he can not guess how attorney "B" handled. I can not talk to attorney "B", who are not aware of pending 485, and let them rock the boat.

 

2. What will happen if "A" responds and says he can't take me in? Can I just move on?

 

3. Any hope of moving to "C"? I doubt they will ever consider me in future if I can't take their offer now.

 

[Belle]

You are a great candidate for a consultation with a good attorney - trust me, it will help you a lot. Your case is complicated, there are many externalities, and a good attorney will be able to advise something. My gut feeling is that if A says that they no longer need your services, you are free to go. You may also be able to get out of employment with A on a technicality (ask the attorney). Also, if you hire an independent attorney, they can always talk to thier counterparts for B, and clarify your situation without harming you. So, get a consultation with a couple of attorneys to get their advice, and if the offer comes through, you may retain one of them to do some legwork for you.

[tired of this]

Lost connection in the middle of my reply. Sorry if it is a repost.

 

 You may also be able to get out of employment with A on a technicality (ask the attorney).

 

 and if the offer comes through, you may retain one of them to do some legwork for you.

Thanks Belle! I'd apreciate it if you can elaborate on the above two statements.

 

In one of the two new consultations I had, an attorney suggested rocking the boat by taking infopass and then retaining him $3k. Did not make much sense.

 

The other was even worse, just said he got no suggestions after taking $125 for the consultation.

 

A new question:

 

If I leave for "C", company "B" HR is silly enough to send withdrawl of thier 140 & H1, if my approval is based on "A".

For my case or In general, lot of people will have I140s approved through mulitple companies, what happens to the "unused" 140 petitions?

[Belle]

The "unused" petitions may be withdrawn. In fact, even the used ones can be withdrawn if ported under AC21. I can see B withdrawing their H1 petition, which will have no impact on your case. Actually, anything B does would not matter at all. Your question to the lawyer, actually, should be - what happens if both A and B withdraw their I-140s after your approval. Would that mean that you did not fulfill your obligation to start working with them?

 

Regarding A, your job offer was for a certain salary, certain, location, and exact position. If any of those conditions do not hold (the position is slightly different, or the location) then you are free to decline the offer and go on your merry way. There is also a questions of implied AC21. Many applicants don't file AC21 notification, so the USCIS assumes that if your I-485 has been pending for over 180 days, you can work for whomever you want after approval.

 

Sorry your lawyers were that bad. There is a bunch of so-so immigration lawyers out there. See if you can find a lawyer who does a lot of AC21, maybe they would help you better.