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Self-filing, documents, forms, directions, mailing. Self-filing, documents, forms, directions, mailing.

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  #1 (permalink)  
Old 01-18-2012, 09:01 AM
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Default I -140 Upgrade to premium ?

Hi,

I am in the process of porting my EB3 to EB2 with the same company.
My EB2 I 140 was filed @ NSC back on May 25th 2011.

It's still under initial review.I am asking my company to upgrade it to PP.They told me now a days they are seeing a lot of RFE's just for PP.

My question is if I upgrade to PP, will it automatically trigger an RFE? Mine is a genuine case of promotion to EB2 and I work for a large fortune 500 company.

--------
Profile
--------
Contributed $125 one time and $25 for 6 months recurring to the great cause that IV is working on.

PD : 09/2003
EB3 I 140 approved on Nov 2007
I 485 Filed on July 2007.

EB2 I 140 filed on May 2011.
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  #2 (permalink)  
Old 01-18-2012, 10:31 AM
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Default

You are not eligible for premium processing. Because you already have a 140 approved according to USCIS rules you can not apply for new 140 premium.
You lawyer should have told you actually.
I m in the same process and could not apply for 140 PP.
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  #3 (permalink)  
Old 01-18-2012, 10:39 AM
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Default

Quote:
Originally Posted by anu_t View Post
You are not eligible for premium processing. Because you already have a 140 approved according to USCIS rules you can not apply for new 140 premium.
You lawyer should have told you actually.
I m in the same process and could not apply for 140 PP.
That is not true. Any one can apply I140 PP irrespective of whether he/she has earlier I140 approved. Couple of years back this kind of rule was there but not any more.
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  #4 (permalink)  
Old 01-18-2012, 10:40 AM
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Hi Anu_t,

Can you please clarify the restriction on PP for I-140 when a previous 140 is approved? I tried reading up on USCIS and only found a restriction for pending 140

From USCIS.gov

Quote:
Premium Processing Service is available for the Form I-140 classifications indicated on the chart above provided that the case does not involve:

A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
Labor certification substitution requests;
Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of Labor), and;
A Form I-140 petition in which a final decision has been made.
Thanks
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  #5 (permalink)  
Old 01-18-2012, 10:41 AM
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Default

Hi Anu_t,

As per our company attorney, there is no such restriction on filing the second I 140 in PP when the first I 140 is already approved.

Can you please point me to the rule anywhere on the USCIS website ?
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  #6 (permalink)  
Old 01-18-2012, 04:36 PM
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Default

Guys My apologies if it is a wrong information. I never reply any one until I 'm sure about the answer.
My perm in EB2 has been applied in Dec. While I was preparing for the documents My lawyer (big firm in USA) has informed me this information.

I have already sent an email to my lawyer and asked him about it one more. I will update the info tomorrow. Meanwhile I apologies one more time.
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  #7 (permalink)  
Old 01-18-2012, 05:55 PM
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Nov-04
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Default u can

i ported from EB3 - EB2 applied the second 140 in PP and got approved in 3 busi. days. not applying in PP is stupidity.
__________________
.



--------------------------

*** CURRENT EMPLOYER ***
--> EB3 PD - Nov '04
--> 485 RD - JUL '07

*** FUTURE consulting EMPLOYER ***
--> EB2 140 PD ported - 19th Dec '11
--> Attorney's Interlink Req RD - 9th Jan '12
--> SR created - 19th Jan '12
--> Follow up email on 20th
approved on 13th Feb 2012


off to rebuild and get my career on track.
also, to IV De-addiction program

-------------
$600
lil bit of action items
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  #8 (permalink)  
Old 01-18-2012, 07:50 PM
BZA BZA is offline
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Default You can

My previous 140 is filed in EB2 (premium Processing) couple of years back. Recently i ported my EB2 priority date to new EB2 in premium. Got ported and approved in 1 week.
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