Multiple I140 and Labor

[indyanguy]

Hi all,

I have a EB3-140 pending in NSC for over 400 days.

As a backup, I would like to start a EB2 PERM from the same company for a different position. Will this raise a red flag with DOL/CIS as I intend to upon GC approval join 2 different positions??

Will the 2 applications interfere with each other or will they be independently processed?

Thanks

[kondur_007]

As far as I know, it is very likely to generate an RFE.

I know people who have done this. But it is sort of tricky. Sometimes USCIS may ask you to choose one I140 (select which one you intend to join).

My advise: have a very good and competent lawyer do this.

Good Luck.

[lvinaykumar]

I am almost in the same boat. I have my PERM and 140 approved for EB3, but would like to put in another PERM on EB2 for a different position but from the same company. Any idea on this....

;)

[indyanguy]

As far as I know, it is very likely to generate an RFE.

I know people who have done this. But it is sort of tricky. Sometimes USCIS may ask you to choose one I140 (select which one you intend to join).

My advise: have a very good and competent lawyer do this.

Good Luck.

Thanks for the reply.

The sole intent of the EB2 process is for having a backup in case my EB3 140 is denied (based on sub labor). Since my 6 year H1 term is nearing, I need a pending EB2 PERM to apply for extension.

I might not go all the way with the EB2 process and will withdraw it as soon as my EB3 140 is approved.

I understand that PERM is processed at DOL and 140/485 by CIS. Given this, is it still risky as they are two different departments?

[nashim]

They can easily find out all approved as well as pending applications for a candidate based on A#. since A# is a unique number and will be the same on all applications for particular applicant..

[indyanguy]

They can easily find out all approved as well as pending applications for a candidate based on A#. since A# is a unique number and will be the same on all applications for particular applicant..

Makes sense. So, does applying for PERM influence the decision made on the pending EB3 140 and vice versa?

[kondur_007]

Thanks for the reply.

The sole intent of the EB2 process is for having a backup in case my EB3 140 is denied (based on sub labor). Since my 6 year H1 term is nearing, I need a pending EB2 PERM to apply for extension.

I might not go all the way with the EB2 process and will withdraw it as soon as my EB3 140 is approved.

I understand that PERM is processed at DOL and 140/485 by CIS. Given this, is it still risky as they are two different departments?

I think that should not be a problem. I do not believe that USCIS will go to DOL to find out other PERMs filed for you. (If you file another I 140, they will know about it; but you are trying to say here that you just want to have PERM going for EB2). If they WANT TO, they can find out and send you RFE. But I don't think lazy USCIS will go that far. (no reason to do that in every case either as long as you do not have more than one I 140 with them).

Again, I am not a lawyer, this is as far as I know and as far as I can tell.

Good Luck.

[gotgc?]

Thanks for the reply.

The sole intent of the EB2 process is for having a backup in case my EB3 140 is denied (based on sub labor). Since my 6 year H1 term is nearing, I need a pending EB2 PERM to apply for extension.

I might not go all the way with the EB2 process and will withdraw it as soon as my EB3 140 is approved.

I understand that PERM is processed at DOL and 140/485 by CIS. Given this, is it still risky as they are two different departments?

Hi,

I was in the same situation. My EB3 I-140 based on LC Sub was pending for nearly a year..and my I-485 was filed based on that..But, my original EB3 PERM LC was expiring in Jan 2008 (based on 6 months expiration of LC). We did not want to lose my original LC, so we filed another I-140 in Jan 2008. I had the same worry as you have now that what will USCIS do. Guess what...they approved my second I-140 in Feb 2008 and later approved my LC Sub I-140 in April 08...So, I gues filing second I-140 shouldn't be a problem as long as youur job description supports the new I-140...GOOD LUCK...

[indyanguy]

Hi,

I was in the same situation. My EB3 I-140 based on LC Sub was pending for nearly a year..and my I-485 was filed based on that..But, my original EB3 PERM LC was expiring in Jan 2008 (based on 6 months expiration of LC). We did not want to lose my original LC, so we filed another I-140 in Jan 2008. I had the same worry as you have now that what will USCIS do. Guess what...they approved my second I-140 in Feb 2008 and later approved my LC Sub I-140 in April 08...So, I gues filing second I-140 shouldn't be a problem as long as youur job description supports the new I-140...GOOD LUCK...

That's good news. In your case, both were EB3s. However, in my case one would be EB2 and the other would be EB3. Would that make a difference in any way?

Were the job titles for both your EB3s the same?

Thanks for the response.

[snathan]

That's good news. In your case, both were EB3s. However, in my case one would be EB2 and the other would be EB3. Would that make a difference in any way?

Were the job titles for both your EB3s the same?

Thanks for the response.

I believe there nos issues till I-140. I heard this from murthy.com. I posted the query and one attorney responded we can have two perm and I-140. but only one I-485.

Hope this helps

[indyanguy]

I believe there nos issues till I-140. I heard this from murthy.com. I posted the query and one attorney responded we can have two perm and I-140. but only one I-485.

Hope this helps

You are absolutely right. There are no issues with multiple PERMs. There are no issues with multiple I-140s as long as the first I-140 is approved. In my case, the first one is still pending, which makes me think that CIS would think there's a conflict of interest?? :confused::confused:

[mach1343]

I have my EB3 Labor and I-140 got approved with PD Feb 2007. After my I-140 approval with EB3 I started EB2 Labor with same employer but different client and job description. As long as you are not with the same client having different job description it is fine.

[beautifulMind]

I am planning to do something similar..here is my plan

I have eb3 perm approved, I-140 pending and 485 applied. Currently on EAD

I am in the process of advt for a Eb2 position in the same company but different position.

I plan to apply for Eb2 PERM but will not apply for EB2 I-140 till the Eb3-I140 is approved

[nashim]

Approved PERM has only 6 months of validity. It will expire after 6 months of approval if you do not file I-140.

[snathan]

I am planning to do something similar..here is my plan

I have eb3 perm approved, I-140 pending and 485 applied. Currently on EAD

I am in the process of advt for a Eb2 position in the same company but different position.

I plan to apply for Eb2 PERM but will not apply for EB2 I-140 till the Eb3-I140 is approved

You have to apply the I-140 with in 180 days. I guess EB3 I-140 will be approved only if the PD become current, if you filed concurrently. Also which service center did you file. If its TSC, there is some pilot program, which means all your papers will be handled by one officer. So they will open only when the PD is current.

This is just a guess.

[indyanguy]

I have my EB3 Labor and I-140 got approved with PD Feb 2007. After my I-140 approval with EB3 I started EB2 Labor with same employer but different client and job description. As long as you are not with the same client having different job description it is fine.

Yes, this is a similar situation as I am in but not the same. Applying for EB2 AFTER EB3 140 is approved is safe. In my case, I plan to apply with EB3 140 pending. Not sure how they will look at my case.

[indyanguy]

I am planning to do something similar..here is my plan

I have eb3 perm approved, I-140 pending and 485 applied. Currently on EAD

I am in the process of advt for a Eb2 position in the same company but different position.

I plan to apply for Eb2 PERM but will not apply for EB2 I-140 till the Eb3-I140 is approved

This is similar to what I have in mind. What did your attorney suggest? I have had consultations with different attorneys and some of them have a totally opposite view than others. Makes it really confusing.

Any suggestions are really appreciated

[beautifulMind]

I did think about the PERM expiring in 180 day issue. if this happens Iwill go ahead and apply for i40 without trying to port priority date.

I belive then when I have 2 I-140s approved I can send additional documentation requesting porting of priority date to be moved from eb3 to eb2

my eb3 I140 was applied on may 2007 in nebraska. do you guys think it will be approved in the next 6-8 months since thats the time I have before I apply for eb2 I-140

Also, if we do not mention porting of priority date on Eb2 I-140 then how will USCIS know that there is a pending application for the same person in eb3?

[indyanguy]

I did think about the PERM expiring in 180 day issue. if this happens Iwill go ahead and apply for i40 without trying to port priority date.

I belive then when I have 2 I-140s approved I can send additional documentation requesting porting of priority date to be moved from eb3 to eb2

my eb3 I140 was applied on may 2007 in nebraska. do you guys think it will be approved in the next 6-8 months since thats the time I have before I apply for eb2 I-140

Also, if we do not mention porting of priority date on Eb2 I-140 then how will USCIS know that there is a pending application for the same person in eb3?

I believe things will speed up in NSC though after October.

As someone else said, they can pull up your data based on the Alien Number which is unique

Did you apply for both of them from the same company? If so, what did your attorney say about conflict of interest?

[beautifulMind]

I have not started the Eb2 as yet. Still in the recruitment phase. No attorney doing this by myself

Both positions are with same company

Isn't a new A# generated when a PERM is filed for a new position? Do we have to use a previous A#?

[ArkBird]

I think A# gets generated at the time of I-140 approval.

[beautifulMind]

is there any place you have to mention either in PERM application or Ii40 application previous A#


if this can be avoided then USCIS will not know if a eb3 140 is pending for the same applicant

[indyanguy]

I think A# gets generated at the time of I-140 approval.

Good to know that. So, when the PERM is applied, there is not a way to find out if a person has applied for PERM earlier?

[When485]

Hi

I am EB3 - India Aug 2006; filed 485 in July 2007.I have both H1 valid until March 2011 and EAD until 2010; I have a question relating to my job as I feel discomfortable with my current manager. What are the options I have

1) just in case I get fired?
2) will my GC continue to go on as my 485 is pending and 140 approved for more than 1 year now?
3) How long do I have to get into another job without getting into out of status etc?

your replies will help me greatly and comfort me as I have grown up children studying in College and High school respectively?


Hi all,

I have a EB3-140 pending in NSC for over 400 days.

As a backup, I would like to start a EB2 PERM from the same company for a different position. Will this raise a red flag with DOL/CIS as I intend to upon GC approval join 2 different positions??

Will the 2 applications interfere with each other or will they be independently processed?

Thanks

[akris2]

I have 2 140's approved, 1 EB3 2005 PD and 1 EB2 2003 PD. Both from different employers, different job descriptions.
As far as I know, there will not be any problem as far as the job description is clear, precise etc and during 140 your employer can support financial stuff.

All advantages with multiple 140's can be taken, but at 485 stage, it will be a good idea to revoke one 485.I am in the process of revoking the EB3 140.

[Immi_Chant]

Hi Friends,
My case is EB3-India with PD 04/2004, I-140 got approved and applied 485 in July 2007 and working with the same employer for the last 4 years. As there is little hope for my priority date to become current in the near future, I have applied EB2 PERM with the same employer with a different position. I hope though it will take a long time for I-140 to get approved, ultimately EB2 will be faster for getting the GC.

Please advise me on the following doubts (or if these are already posted, kindly share the links for the similar threads):

1) Whether USCIS will invalidate my EB3 case in order to approve my EB2-I40 or before approving EB2 I-140?

2) If I leave the current employer and use EAD to take a permanent position before I-140 get approve, will it affect my EB3 case?

3) As at I-140 stage, USCIS mainly verifying about our education, past experiences and employer's payback potential etc., EB2 I-140 processing will be faster than others who are applying first time I-140 (now a days its taking around a year to approve I-140, correct)?

4) Is it advisable to enclose a detailed letter by the attorney while applying for EB2 I-140, to mention that my original priority date (EB3) is current for EB2 category (hoping EB2 processing dates might be later than 04/2004 at that time) to expedite the processing?

I would greatly appreciate for any suggestions/comments.
- immi_chant.

[indyanguy]

I have 2 140's approved, 1 EB3 2005 PD and 1 EB2 2003 PD. Both from different employers, different job descriptions.
As far as I know, there will not be any problem as far as the job description is clear, precise etc and during 140 your employer can support financial stuff.

All advantages with multiple 140's can be taken, but at 485 stage, it will be a good idea to revoke one 485.I am in the process of revoking the EB3 140.

Thanks for the reply. In my situation, both positions will be from the SAME employer. I believe that the question of conflicting interests will arise when starting 2 different (EB2 and EB3) processes from the same company.

Has anyone done this when their 140 was still pending? :confused:

[Immi_Chant]

Hi Friends,
My case is EB3-India with PD 04/2004, I-140 got approved and applied 485 in July 2007 and working with the same employer for the last 4 years. As there is little hope for my priority date to become current in the near future, I have applied EB2 PERM with the same employer with a different position. I hope though it will take a long time for I-140 to get approved, ultimately EB2 will be faster for getting the GC.

Please advise me on the following doubts (or if these are already posted, kindly share the links for the similar threads):

1) Whether USCIS will invalidate my EB3 case in order to approve my EB2-I40 or before approving EB2 I-140?

2) If I leave the current employer and use EAD to take a permanent position before I-140 get approve, will it affect my EB3 case?

3) As at I-140 stage, USCIS mainly verifying about our education, past experiences and employer's payback potential etc., EB2 I-140 processing will be faster than others who are applying first time I-140 (now a days its taking around a year to approve I-140, correct)?

4) Is it advisable to enclose a detailed letter by the attorney while applying for EB2 I-140, to mention that my original priority date (EB3) is current for EB2 category (hoping EB2 processing dates might be later than 04/2004 at that time) to expedite the processing?

I would greatly appreciate for any suggestions/comments.
- immi_chant.

Can some one please shed some light?

[indyanguy]

Hey guys,

I am running against time now. If I don't start another GC process now, I will have a hard time getting my H1 renewed.

Can someone please provide some insight on pros and cons of starting a EB2 process from the same company when a EB3 140 is pending?

Thanks

Hi all,

I have a EB3-140 pending in NSC for over 400 days.

As a backup, I would like to start a EB2 PERM from the same company for a different position. Will this raise a red flag with DOL/CIS as I intend to upon GC approval join 2 different positions??

Will the 2 applications interfere with each other or will they be independently processed?

Thanks