What good is I-140 approved

B

BECsufferer

Registered Users (C)
Fellas!

Mine is a EB2 category case, where we have applied for I-140. However being from India, I am not allowed to apply for I-485. And untill you apply for I-485, their is no way you can get EAD (I-756) i.e. freedom.

So my open question is ... what good is having I-140 approved? Also, ahving I-140 approved isn't creterion for I-485 filing or approval. Does someone know of any benefits ...like change jobs etc. that come with approved I-140?

Thanks in advance.

:confused:
 
Approved I-140 is good in these cases (that I can think of):-

1. In case of substitute labor wherein only after I-140 approval does the LC and its Priority Date go to the Employee who gets the approval.

2. Unlike concurrent Filing of 140 and 485 wherein one may get his/her I-140 approved and later his I-485 rejected. In such a case (though rare), the 140 too gets rejected automatically even though it has been approved.

3. And last but not the least, it keeps the hopes alive in the GC seeker that there is only one final step, the I-485 that has to be approved for getting the GC. Though now after retrogression and future bleak outlook, this final step itself may take years :(
 
DEsiVidesi;

Couldn't follow your first point ... do you mean the approved I-140 is portable and can be moves with me to my next employer?
 
No. It means that in case of substitute labor, you get the Labor certificate of the employee for whom the GC process was originally initiated.

In your case now that you have your I-140 approved, you are stuck with your current employer. Unless ofcourse if you wish to re-start your GC process again through another employer (which will be a mistake as you'll lose a lot of time and mainly the priority date).

Thus with an approved I-140 you cannot do much except wait. :rolleyes:
Once your I-485 starts you can change employers after 6 months of the process begin (AC21) or a few months of getting your GC.

For more information, go through the threads of this board.
 
To retain PD

Approved I-140 is useful, if you plan to switch employers.
Although you have to start GC process again but you can retain earlier PD, only if your previous employer does not revoke your earlier I140.

Jazzy
 
also if u r in your 6th year and consider moving to a new job, you could get your H1-B extended for three years, and then move to a new job, and also retain your priority date.
 
Jazzy B - Please Clarify.

You are saying a person can use i-140 from old employer, and retain the PD, apply for LC and 140 and eventually 485, as long as the old employer does not revoke it?
 
nervewreck said:
Jazzy B - Please Clarify.

You are saying a person can use i-140 from old employer, and retain the PD, apply for LC and 140 and eventually 485, as long as the old employer does not revoke it?
Click to expand...

This appears to be correct but there is a slight chance that the PD will not be carried over as per a discussion I had with an attorney. I am not sure whether you need to be concerned if the I-140 is revoked by previous employer after your second I-140 gets approved. By then the new I-140 is yours and you may use it for the I-485 irrespective of whether the first one gets revoked.
 
Here is explanation that is my indiviual understanding for confirmation contact any professional, licensed attorney before using this information.

Applied for labour
Labour approved
Applied for I-140
I-140 Approved and PD 01/2006 (for e.g.) with Employer A
Moved to employer B
Applied Labour
Labour Approved
Applied I-140 with copy of I-140(if not revoked) already approved with A.
Get I-140 approved with original PD of 01/2006.

Not sure what happens if Original I-140 revoked by Employer A after I-140 with employer B is approved.

I hope this clarifies your all doubts.


nervewreck said:
Jazzy B - Please Clarify.

You are saying a person can use i-140 from old employer, and retain the PD, apply for LC and 140 and eventually 485, as long as the old employer does not revoke it?
Click to expand...
 
Guys ... you have been of tremendous help, JazzyB summarised quite simply the whole matter. For people from India, it's essentially sit questly on their butt till the window opens to file I485. Or go and get Canadian citizenship ( which takes another 3 yrs) and then file I485 ... eitherway long and convoluted path to realize American Dream.

:)
 
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