I140 and AC21 portability

[rkr15]

Hi

 

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.