Approved I140 AND 485 AC21


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I need urgent consulting for my below case

  • I joined Company  “A”  on H1B in August 2011 and went to other country after expiry of my Visa period of 6 years in July 2013

  • I filed my labor in April 2013 with Company “B” as future employer and was approved in November 2013

  • I filed my I-140 (EB2) with Company “B” in December 2013 and got approved in March 2014

  • I have copy of approved Labor certification and I-140 with me

  • I came back to US with Company “A” in October 2014 on L1B

Case 1 :-To continue with Company “A

Option A – I-40 port

  • Can I port my I-140 with Company “A” if yes what is process and rule of AC21 as my company told me that it cannot be port until your I-485 is pending more than 6 month ?

  • Would It be possible to continue my I-485 if priority date get current in next coming month Feb/March (possibly) ?

Option B – filing new labor with Company “A”

  • My company is starting process to file labor which may be file after 4-5 month as Recruitment and advertisement process timing. (EB3)

  • Can company revoke my I-140 in this duration?

  • If yes, can I have same priority date with Company “B”?

Case 2 :-Joining company “B”  

  • I join company “B” on H1B with change status on the basis of I-140 approved

  • I file my I-485 with company “B” in case current happens

  • What is the process time to get approve I-485

  • Would I be able to join other company in case I-485 will be pending?

Case 3 :-New  Obama policy

  • What is the benefit for proposed upcoming USCIS policy?


Thanks in advance for your suggestion.

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1. Company is correct. AC-21 cannot be invoked until you file your I-485 and it is pending for 6 months. When the dates will become current cannot be predicted as your priority date is farther or recent. recent guesses are they might move forward up to summer of 2009 by the end of this fiscal


2. Yes you can have the same priority date for company A EB 3 as the priority date of EB2. But please note from whom you are filing I-485 and whether in the EB2 or EB3 queue. EB3 will take longer generally


3. See # 1, EB2 becoming current for priority dates of 2013 is very unlikely anytime soon. So which ever employer you intend to change will have to start the GC process all over again. They can however ensure you get the same priority date of 2013. You can however move to H1 status and stay continuously by getting 3 year extensions based on approved I-140

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