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rajivkane
03-11-2008, 12:18 AM
Hi!

I have filed I-485 in July'2007 based on approved I-140(EB2) of october'2005.

I have another labor approved(same company)EB3- october'2003. Company lawyer has filed I-485 based on EB2 & concurrent filling of I-140 for EB3- stating that the prioriy date of EB-3 will be applied to EB2 if it is approved.

The questios is- do i need to stick to my company for 6 months after approval of I-140 also? I am already more than 6 months with my company after the I-485 is applied. I already have my EAD- how good it to use AC21 & go to a better company? Does the other company need to support remaining GC process?

Thanks
Raj

burnt
03-11-2008, 12:20 AM
Nope, You don't need to wait any longer. Time is 180 days after you file it. You are good to go now.

rajivkane
03-11-2008, 09:08 AM
Hi!

What about the concurrently filed I-140(eb-3)? Do not I need to wait till it gets approved? Am I required to stay for six months after this is approved? If I leave now they may withdraw I-140.

Thanks,

hpandey
03-11-2008, 10:59 AM
Hi!

What about the concurrently filed I-140(eb-3)? Do not I need to wait till it gets approved? Am I required to stay for six months after this is approved? If I leave now they may withdraw I-140.

Thanks,

If you move from this company without your EB-3 I-140 being approved then there is a good chance that your company will withdraw that application since you are no longer their employee. If that happens then you would not be able to port your 2003 EB-3 labor PD to EB2 ( which has a PD of 2005 ). Basically you would be losing a big two years and there were a lot of people who filed between 2003 and 2005 . That would increase your GC wait time a lot.

I would suggest that you wait a few more months until your I-140 from EB3 is approved and then your lawyer ports your PD to your EB2 labor . Then you would have the best of both worlds and can move to another job also .

But if you don't mind the wait then you are free to move even now.

rolrblade
03-11-2008, 11:04 AM
If you move from this company without your EB-3 I-140 being approved then there is a good chance that your company will withdraw that application since you are no longer their employee. If that happens then you would not be able to port your 2003 EB-3 labor PD to EB2 ( which has a PD of 2005 ). Basically you would be losing a big two years and there were a lot of people who filed between 2003 and 2005 . That would increase your GC wait time a lot.

I would suggest that you wait a few more months until your I-140 from EB3 is approved and then your lawyer ports your PD to your EB2 labor . Then you would have the best of both worlds and can move to another job also .

But if you don't mind the wait then you are free to move even now.

Perfectly stated HPandey. Completely agree.

rajivkane
03-11-2008, 11:29 AM
Thanks hpandey/rolrblade,

Do I need to stay with them for 6 months after the i-140(eb3) is approved? Since the lawyer has already given letter for porting, I do not think anymore action from his side is required.

Regards,

Raj

rajivkane
03-12-2008, 12:05 AM
Hi!

Any guidance regarding above is appreciated.

Regards,

Raj

roseball
03-12-2008, 12:16 AM
Hi!

Any guidance regarding above is appreciated.

Regards,

Raj

No, the wait is from the time you applied I-485..You can move on as soon as your EB-3 I-140 is approved....