pending I-485 with previous employer

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08-13-2014, 01:47 PM
vvr123

pending I-485 with previous employer

Gurus - kindly advice!

Here is my situation - while working for current Employer, I applied for I-485 with previous employer I-140 in April 2012 and it was pending since then for PD to be current (at the time of AOS filing current employer filed PERM but it was not approved). At that time my intent was to go back to previous employer after GC is approved. While Old I-485 is pending, new Employer PERM and I-140 (with old PD) are approved.

Now my PD is current again, I received RFE for EVL, Medicals. While responding to RFE, I want to request interfile to new Employer I-140 as basis. Can I do that? Any issues? or should withdraw old application and file new I-485(with current employer)?

Here is brief history with dates -
Previous Employer:
PERM approved - Nov/2009
I-140 Approved May 2010 (PD - Jan/2009)
Left company Aug/2010

New Company:
Joined Aug/2010
PERM Approved: Apr/19/2012
I-140 Approved: July/2012 (PD - Jan/2009)

Filed I-145 - Apr/18/2012 (with previous employer I-140)
08-13-2014, 01:52 PM
qesehmk

Quote:

Originally Posted by vvr123

Gurus - kindly advice!

Here is my situation - while working for current Employer, I applied for I-485 with previous employer I-140 in April 2012 and it was pending since then for PD to be current (at the time of AOS filing current employer filed PERM but it was not approved). At that time my intent was to go back to previous employer after GC is approved. While Old I-485 is pending, new Employer PERM and I-140 (with old PD) are approved.

Now my PD is current again, I received RFE for EVL, Medicals. While responding to RFE, I want to request interfile to new Employer I-140 as basis. Can I do that? Any issues? or should withdraw old application and file new I-485(with current employer)?

Here is brief history with dates -
Previous Employer:
PERM approved - Nov/2009
I-140 Approved May 2010 (PD - Jan/2009)
Left company Aug/2010

New Company:
Joined Aug/2010
PERM Approved: Apr/19/2012
I-140 Approved: July/2012 (PD - Jan/2009)

Filed I-145 - Apr/18/2012 (with previous employer I-140)

I don't understand why don't you simple file 485 with the new employer. You do have the prior date with you. So what's stopping you from simply filing 485 with the new employer?
08-13-2014, 02:04 PM
Kanmani

Quote:

Originally Posted by vvr123

Gurus - kindly advice!

Here is my situation - while working for current Employer, I applied for I-485 with previous employer I-140 in April 2012 and it was pending since then for PD to be current (at the time of AOS filing current employer filed PERM but it was not approved). At that time my intent was to go back to previous employer after GC is approved. While Old I-485 is pending, new Employer PERM and I-140 (with old PD) are approved.

Now my PD is current again, I received RFE for EVL, Medicals. While responding to RFE, I want to request interfile to new Employer I-140 as basis. Can I do that? Any issues? or should withdraw old application and file new I-485(with current employer)?

Here is brief history with dates -
Previous Employer:
PERM approved - Nov/2009
I-140 Approved May 2010 (PD - Jan/2009)
Left company Aug/2010

New Company:
Joined Aug/2010
PERM Approved: Apr/19/2012
I-140 Approved: July/2012 (PD - Jan/2009)

Filed I-145 - Apr/18/2012 (with previous employer I-140)

vvr123, Welcome to the forum.

All you have to do is send EVL from whichever the company you prefer to work with in future. No need of interfiling. Your PD has already been captured in the subsequent I-140. Consult with the attorney for sending a letter of preference signed by you, which is optional.