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

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  #1 (permalink)  
Old 08-26-2009, 02:08 AM
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Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jul 2007
Posts: 59
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Default "last action rule" & approved i140

Hi,

I have a NIW/I140/EB2 MTR pending since April 2009.

A new NIW/I140/EB2 was approved in Aug 2009.

I want to wait for the MTR appeal since if it is upheld, I may be able to capture the PD for the old I485 that was filed along with the original petition.

Is my I140 subject to the last action rule? Should I withdraw the MTR? If I do, I will lose any chance of capturing the I485 PD, right?

This is confusing, I thought, I140 approved and I am done...

Thanks,
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  #2 (permalink)  
Old 08-26-2009, 12:17 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
Compare
Join Date: Nov 2007
Posts: 395
kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute
Default

Quote:
Originally Posted by aguy View Post
Hi,

I have a NIW/I140/EB2 MTR pending since April 2009.

A new NIW/I140/EB2 was approved in Aug 2009.

I want to wait for the MTR appeal since if it is upheld, I may be able to capture the PD for the old I485 that was filed along with the original petition.

Is my I140 subject to the last action rule? Should I withdraw the MTR? If I do, I will lose any chance of capturing the I485 PD, right?

This is confusing, I thought, I140 approved and I am done...

Thanks,
"The last action rule" does not apply quite the same way to I 140s.

You will not have any problem with your approved I 140 (even if your old I 140 MTR is denied) as long as old I 140 is not denied on the grounds of "fraud".

Good Luck.

Just FYI: last action rule is really applicable to I 94s and "status" within US. If you have filed multiple I 140s and one gets approved and the rest gets denied, you still keep approved one (no matter in what sequence approval and denial happens) as long as denial is not on the grounds of "fraud or misrepresentation".
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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  #3 (permalink)  
Old 08-26-2009, 01:33 PM
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
05/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/18/2007
Compare
Join Date: May 2008
Posts: 230
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Default

sorry for piggy backing this thread. Have a question for last action rule.

My H1 expires Oct 15th and I am current next month and no EAD. What happens if I apply for renewal and my 485 is approved? How fast should we pull the H1/ H4 application. Whatif it goes thru before we do.

What do you all suggest? wait for 485 or start the H1 process?
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  #4 (permalink)  
Old 08-26-2009, 04:17 PM
Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 59
aguy has a spectacular aura about aguy has a spectacular aura about aguy has a spectacular aura about
Default

thanks, that helps!
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  #5 (permalink)  
Old 08-26-2009, 04:23 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
Compare
Join Date: Nov 2007
Posts: 395
kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute
Default

Quote:
Originally Posted by sdrblr View Post
sorry for piggy backing this thread. Have a question for last action rule.

My H1 expires Oct 15th and I am current next month and no EAD. What happens if I apply for renewal and my 485 is approved? How fast should we pull the H1/ H4 application. Whatif it goes thru before we do.

What do you all suggest? wait for 485 or start the H1 process?
You will be fine either way. If you apply for renewal and they approve your 485 , they themselves will take care of H1 renewal application (they usually send it back as "denied" as 485 is already approved).
Even if they send you the approval of H1 after your 485 approval, no need to worry. You still will get your green card. You just have to send them a letter that you no longer need H1.

If I were you, I will go ahead and apply for renewal now. Under no circumstances you will be harmed in any way due to "last action rule".

Good Luck.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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  #6 (permalink)  
Old 08-26-2009, 04:24 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
Compare
Join Date: Nov 2007
Posts: 395
kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute
Default

Quote:
Originally Posted by aguy View Post
thanks, that helps!
You are welcome.

Good Luck.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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