Labor Substitue and 140 withdrawl

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mvnm00

Registered Users (C)
My employer has a pre-approved labor. But using this Labor emp 'A' has applied for 140 and it was approved. Recently this emp 'A' has left the company and now my company is ready to substitute that Labor for me by withdrawing the 140. My questions are.....

1. The 140 has to be revoked first and then apply for my 140 or can we do both at the same time?

2. If i need to do both separately then how much time does it take to withdraw the I-140?

TIA
 
mvnm00 said:
My employer has a pre-approved labor. But using this Labor emp 'A' has applied for 140 and it was approved. Recently this emp 'A' has left the company and now my company is ready to substitute that Labor for me by withdrawing the 140. My questions are.....

1. The 140 has to be revoked first and then apply for my 140 or can we do both at the same time?

2. If i need to do both separately then how much time does it take to withdraw the I-140?

TIA
Click to expand...
my company did file both withdrawal of previous 140 and my lab subst togather in same packet
 
Before applying for I-140,
DId Emp "A" have pending i485 along with this i-140 MORE than 6 Months?. then better check with the lawyer before applying for I-140
 
In my case my company had the previous 140 revoked before applying for my 140/485.
It is not like they waited for the revocation before re-applying.. but they had done this much before they decided to substitute the available labor cert for me.

Obviously your attorney would be in a much better position to answer.
 
careful. see vibrant's question very carefully. if there's a 485 pending using this 140, and it has been pending for any period of time, then this is a risky proposition. if the previous persons 485 has been pending for more than 6 months, then it is unlikely your substitution will succeed.
 
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