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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28489
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Subject: Future employer filed 140 after perm approval. I am

Customer Question

Hi
Subject : Future employer filed 140 after perm approval. I am eligible for AOS[EB2 ROW- spouse born in ROW] but not sure how to proceed.
My perm was approved and my future employer filed 140 last week. Its in pending state as of now. I do not think they know that I can file for AOS.
I was wondering if I could file 485 before approval of 140 or if I need to wait for approval of 140.
My questions are -
Do I need to inform employer that I can file 485?
If I file 485 myself and any rfe comes for 140[NOT 485], will the employer get to know that I filed 485(As its concurrent)?
Do I need an [140] approval notice to file 485 post approval of 140? Assuming I join their firm? Can it be worked out with receipt.
Is offer letter enough to validate employment verification?
What if the salary[15k lower than 130k] in offer letter and location is different from whats being shown in PERM application?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 8 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

My questions are -
Do I need to inform employer that I can file 485?

Yes, you should. You also need a copy of the fee receipt for the i-140 - form I-797
If I file 485 myself and any rfe comes for 140[NOT 485], will the employer get to know that I filed 485(As its concurrent)?

No, but why hide it from the employer. The it appears you are trying to deceive them and it makes you look bad.

Do I need an [140] approval notice to file 485 post approval of 140? Assuming I join their firm?

See above

Can it be worked out with receipt.

I don't understand this.
Is offer letter enough to validate employment verification?

I don't understand this. You don't need any employment verification for the 485. The I-140 fee receipt is all you need.
What if the salary[15k lower than 130k] in offer letter and location is different from whats being shown in PERM application?

The PERM and I-140 are prospective in nature. That means that it is the offer for that position, at that location at that salary stated in the PERM and the I-140 upon approval of your adjustment of status. You do not have to be working in the position, at the prevailing wage in the job site stated in the PERM and I-140 until the adjustment of status is approved.

At some point you may receive or the employer may receive a RFE requesting a statement that it is their intention to employ you as per the PERM and I-140 when the adjustment of status is approved.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith Ludwic replied 8 months ago.

You can show these links to your future employer so they can understand "cross-chargeability"

http://www.hooyou.com/i140&i485/cross.html

https://my.uscis.gov/helpcenter/article/2429

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 8 months ago.
HI, Thanks. I am not trying to deceive them, just worried that they will delay filing 485 for other reasons.
so you mean to say that I can file 485 myself but its better to inform employer and do it.
If I file 485 after, 140 approval and joining them, I hope I can still make it work with I140 receipt . Thanks
Expert:  Judith Ludwic replied 8 months ago.

so you mean to say that I can file 485 myself but its better to inform employer and do it.

That is correct. The employer has gone to a lot of difficult procedures to get your sponsorship to this point. It would be considered rude to take things upon yourself at this point and not inform them.
If I file 485 after, 140 approval and joining them, I hope I can still make it work with I140 receipt .

If the I-140 is approved you need to file the I-485 with the approval notice, not the receipt.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

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