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Thread: Job Change While on 485

  1. #1

    Lightbulb Job Change While on 485

    Guys,

    I am silent follower of the forum. This forum really provides good information and thanks to all the guys for providing so much detailed information on this forum. I had couple of questions and would really appreciate if somebody can answer the question: -

    1. My first perm (EB2) was filed by my earlier employer (one of the top 3 US based IT consulting companies) in Nov 2008.
    2. I was waiting for the prirority date to become current and then in July 2011 decided to change the job.
    3. Moved to a US based company Full time within IT department at good position.
    4. Applied for fresh perm. Perm went into audit and missed the 2011-12 boat for filing 485.
    5. Perm got cleared in August and then applied for 140 and also requested for recapture of priority date.
    6. Now for some personal reasons, I want to move back to where I used to live and this requires me to take the consulting job again. I am planning to join the same consulting company that I was with.

    Can I start from where i left my previous employer? As soon as dates become current, can i directly apply for 485.

    What is the risk involved in 485? As GC is supposed be filed with the intent that you will be long term with the employer and since i left and planning to join them again, does it raise any red flags?

    Thanks in advance for any replies and clarifications.
    Last edited by Waitsucks; 10-24-2012 at 01:20 AM.

  2. #2
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    Quote Originally Posted by Waitsucks View Post
    Guys,

    I am silent follower of the forum. This forum really provides good information and thanks to all the guys for providing so much detailed information on this forum. I had couple of questions and would really appreciate if somebody can answer the question: -

    1. My first perm (EB2) was filed by my earlier employer (one of the top 3 US based IT consulting companies) in Nov 2008.
    2. I was waiting for the prirority date to become current and then in July 2011 decided to change the job.
    3. Moved to a US based company Full time within IT department at good position.
    4. Applied for fresh perm. Perm went into audit and missed the 2011-12 boat for filing 485.
    5. Perm got cleared in August and then applied for 140 and also requested for recapture of priority date.
    6. Now for some personal reasons, I want to move back to where I used to live and this requires me to take the consulting job again. I am planning to join the same consulting company that I was with.

    Can I start from where i left my previous employer? As soon as dates become current, can i directly apply for 485.

    What is the risk involved in 485? As GC is supposed be filed with the intent that you will be long term with the employer and since i left and planning to join them against, does it raise any red flags?

    Thanks in advance for any replies and clarifications.
    Unless the first company has NOT voided your first 140, I believe you need to restart. I don't think there's an auto-void of previous applications but I'm not positive.

  3. #3
    Quote Originally Posted by vizcard View Post
    Unless the first company has NOT voided your first 140, I believe you need to restart. I don't think there's an auto-void of previous applications but I'm not positive.
    I forgot to mention that my previous employer has not voided my 140 so that way i am good

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