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Can I AOS on old company's I-140?

Evanston, IL |

i was working with a consulting company for a project with company B. Company B hired me directly. prior to working with company B, company A (consulting firm) had filed my I-140 under the EB2 category. can I adjust status on the company A's I-140 while working with company B? How do i find out if i-140 has been revoked? do i need to notify either of the companies that I am filing an I-485?

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Attorney answers 3


If you expect your I-485 to be approved, you had better resume working for Company A.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


I would add that you need to consult a professional immigration attorney if your AOS has any importance for your future to avoid mistakes or flaws in that matter.

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Company A 'owns' the approved I-140 .. you should talk to them about whether or not they withdrew it ... and to see if they will let you come back to work for them.

Do not rely completely on information you get on this website. It is always wise to consult personally with an immigration attorney before taking any action with the US CIS, or US Consulate.

Please consider contacting one of the attorneys on Avvo. Or, contact the American Immigration Lawyer's Association for a referral. If you are low income and feel that you can not afford an attorney, try contacting one of the organizations on this list:

Franco Capriotti - Senior Legal Counsel - Capriotti International Law

We are not geographically limited ==> Our licenses allow us to represent people worldwide.

Contact the American Immigration Lawyers Association for a referral to an experienced immigration attorney. NOTE: They also have referrals to low/no-cost attorneys. LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.