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View Full Version : !40 approved with ex-employer, going back --- Need Info


permfiling
05-18-2009, 12:07 PM
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

Thanks
Member of north calif
dontation : $500

JunRN
05-18-2009, 01:39 PM
If you haven't filed I-485 yet, you cannot use AC21 as it requires I-485 to be pending for more than 180 days. It means, that you're stuck with your ex-employer for GC processing unless your new employer is willing to file new LC and I-140 for you. You can port the PD of your approved I-140 to the new one.

Once your PD becomes current, then you can file I-485.

permfiling
05-18-2009, 06:42 PM
If you haven't filed I-485 yet, you cannot use AC21 as it requires I-485 to be pending for more than 180 days. It means, that you're stuck with your ex-employer for GC processing unless your new employer is willing to file new LC and I-140 for you. You can port the PD of your approved I-140 to the new one.

Once your PD becomes current, then you can file I-485.

I think you got my question differently. My ex-employer is A where I had my I140 approved . Now I am with employer B. If i want to continue with B then I have to file LC+140 with old PD but if I go back to A in same role then I have to file only 485 but my LCA is specific to location in CA .My question is wether I join A in NY and still file AOS based on old PD or not.