Filing I-130 & I-140 at the same time??

R

RAK67

Registered Users (C)
Hello,

My brother's I-140 (EB1 without labor) is already filed by his company. My parents recently become US citizens. What if he also files I-130 (family based) now? Will that have negative effects on previously filed case?

Your help will be greatly appreciated.

Thank you very much
 
RAK67 said:
Hello,

My brother's I-140 (EB1 without labor) is already filed by his company. My parents recently become US citizens. What if he also files I-130 (family based) now? Will that have negative effects on previously filed case?

Your help will be greatly appreciated.

Apply both, incase anything goes wrong with your brothers company, it is a back up. However, I 140 move very fast. Nothing wrong applying both 130/140
Thank you very much
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This is new

I've never heard of anyone doing it this way.

I think it's ok but I am really curious to find out what happens.

Please go for it and let us know what happens.
 
I have filed both I-140 and I-130 - one thru my employer and one thru my spouse- and i dont think it will create any problem. The problem comes when you file I-485 thru employer and thru family relative. In such case INS would ask you to withdraw one of the I-485 applications.
 
I-140 and I-130

You can file as many I-130 and I-140 you want but you can only file 1 I485. In this case, go ahead and file I-130. God knows how long will it take when filing through parents and if your brother is married then good luck.

Just remember, do not file I-485 along with I-130. You have an option to file both together or just file for I-130 and wait for the visa number to be current and then file I-485. At this point, you do not want to deal with withdrawing an application and expalining INS why was this done.

In this case, I believe your brother's GC through your company will be approved before his visa number becomes current under Family based GC. Like others said it earlier, filing I-130 is just a backup.
 
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