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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 07-25-2007, 02:19 PM
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Priority Date
:
N/A
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:
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I140 Mailed Date
:
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:
India
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:
I-140+I-485
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 177
STAmisha can only hope to improve
Default Can I file another I140?

My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

Do I need physical copy of my approved LC to file 140?

Replies will be greatly appreciated
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  #2 (permalink)  
Old 07-25-2007, 02:41 PM
Senior Member
Priority Date
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N/A
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I140 Mailed Date
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India
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I-140+I-485
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Gurus

Plesase
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  #3 (permalink)  
Old 07-25-2007, 02:51 PM
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/05/2007
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Join Date: Jan 2006
Posts: 342
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Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.

Do the following:

If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.


If you don't receive the physical copy before AUG-17

1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.

Good Luck.


Quote:
Originally Posted by STAmisha
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

Do I need physical copy of my approved LC to file 140?

Replies will be greatly appreciated
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  #4 (permalink)  
Old 07-25-2007, 02:54 PM
Senior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
03/28/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
06/30/2007
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Join Date: Apr 2007
Posts: 1,087
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Default what i would do...

Quote:
Originally Posted by STAmisha
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

Do I need physical copy of my approved LC to file 140?

Replies will be greatly appreciated
I would file a separate I-485 and I-140 for this other LC. Experts, what say?
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  #5 (permalink)  
Old 07-25-2007, 03:02 PM
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/05/2007
Compare
Join Date: Jan 2006
Posts: 342
Canadian_Dream has a reputation beyond repute Canadian_Dream has a reputation beyond repute Canadian_Dream has a reputation beyond repute Canadian_Dream has a reputation beyond repute Canadian_Dream has a reputation beyond repute Canadian_Dream has a reputation beyond repute Canadian_Dream has a reputation beyond repute Canadian_Dream has a reputation beyond repute Canadian_Dream has a reputation beyond repute Canadian_Dream has a reputation beyond repute Canadian_Dream has a reputation beyond repute
Default

IMO: That's the best option to pursue in this situation. Make sure you clearly mention in both I-140/I-485 applications that you have a pending I-140/I-485 (with Receipt Numbers etc). Also send a small write-up along with all the applications explaining the situation and reason for the second filing.

Quote:
Originally Posted by abhijitp
I would file a separate I-485 and I-140 for this other LC. Experts, what say?
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  #6 (permalink)  
Old 07-27-2007, 11:10 AM
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Priority Date
:
N/A
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:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 177
STAmisha can only hope to improve
Default CAN I FILE ANOTHER 140 (Urgent)

Thanks.

But here is my situtaion

My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140


Oprion 1

Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC

Options 2

Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485

option 3

keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140

option 4

keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.

Please advice whether all these options are Do'able and which is better
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  #7 (permalink)  
Old 07-27-2007, 11:27 AM
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Priority Date
:
N/A
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:
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I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 177
STAmisha can only hope to improve
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Gurus please help as I'm confused
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  #8 (permalink)  
Old 07-27-2007, 03:32 PM
Senior Member
Priority Date
:
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:
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I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 177
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Default

Bumping up
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  #9 (permalink)  
Old 07-27-2007, 03:41 PM
Member
Priority Date
:
Feb-06
Category
:
EB3
I140 Mailed Date
:
05/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Jul 2007
Posts: 55
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Quote:
Originally Posted by Canadian_Dream
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
I would go ahead with this option.
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  #10 (permalink)  
Old 07-27-2007, 04:12 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 177
STAmisha can only hope to improve
Default

Can I interfile even if PD is unavailable?
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  #11 (permalink)  
Old 07-27-2007, 04:46 PM
Member
Priority Date
:
Feb-06
Category
:
EB3
I140 Mailed Date
:
05/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 55
forever will become famous soon enough forever will become famous soon enough
Default

Quote:
Originally Posted by STAmisha
Can I interfile even if PD is unavailable?
No. At the time of interfiling, the priority date should be current.
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  #12 (permalink)  
Old 08-03-2007, 11:19 AM
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Priority Date
:
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:
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I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 177
STAmisha can only hope to improve
Default

Spoke with a lawyer. He told me that PD need not be current to interfile though it is commonly held belief
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