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Approved LC, next steps? I-140 and I-485

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  • Approved LC, next steps? I-140 and I-485

    1. I just got my LC approved under EB3, but my company is being restructured and all employees will be moved to one or the other of the sister companies that under one big multinational company umbrella. Does it mean that I have to go through LC process again?

    2. I want to submit expedited I-140, but my lawyer advises me not to. I still have 1.5 years on my current H1B, but dont want to wait another 6 or more months before getting I-140 approved. Is it worth it?

    3. I thought I could concurrently apply for I-485 with my I-140, but my lawyer says I am not eligible as I am in EB3 category. Is that right? I am getting confused as I am reading completely different info on all these sites, and I have the feeling that my lawyer is just being lazy or not competent. Unfortunatelly, I can't change him as he is provided by my company.. or can I?

    Please help!

  • #2
    1. No. They may have to amend I140. In the best interest, it is suggested that the I140 be filed under the new company name as successor of interest.
    2. Go with the attorney's advise. If you want PP, push for it.
    3. Depends on your country. 485 can only be filed if your PD is current.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.