Multiple I-140/I485 in this case.

[gctarget06]

Hi Guys,

I am in the following dilemma and not sure what to do as different attorney I spoke to are saying different things...morons...

I Filed my I-140 & I-485 in Dec 2004 based on a Substitute Labor having PD 2001. Both of the petitions are still pending. The approved Labor I took doesn't seem to match my qualification and I used experience to show the equivalency. Now I have my own Labor approved with PD of March 2005. I am wondering what should be the best course of action provided that dates are "current" for another month.

Option #1 -- File I-140 and I-485 based on this newly aproved Labor and let the other I-140 & I-485 pending. Not sure if Multiple filings from the same employer are allowed or not. If it is NOT allowed, Should I go ahead and withdraw the existing I-140/485 because the approval of these petitions are remote due the qualification mismatch and I don't want to miss the opportunity to file these petitions again while the dates are still current.

Option#2 -- File ONLY I-140 right now and attach the new I-140 and new Labor to the existing I-485 (assuming it is stilll pending). Not sure if it is allowed or not. I have read in the forum and also confirmed it with one attorney that it can be done. This is where the attorneys are having different opinions. Some says you can and some denies.

Guys please respond and advise the best course of action.....

Thanks a million in Advance....!!!!

 

[hopeofgc]

Hi Guys,

I am in the following dilemma and not sure what to do as different attorney I spoke to are saying different things...morons...

I Filed my I-140 & I-485 in Dec 2004 based on a Substitute Labor having PD 2001. Both of the petitions are still pending. The approved Labor I took doesn't seem to match my qualification and I used experience to show the equivalency. Now I have my own Labor approved with PD of March 2005. I am wondering what should be the best course of action provided that dates are "current" for another month.

Option #1 -- File I-140 and I-485 based on this newly aproved Labor and let the other I-140 & I-485 pending. Not sure if Multiple filings from the same employer are allowed or not. If it is NOT allowed, Should I go ahead and withdraw the existing I-140/485 because the approval of these petitions are remote due the qualification mismatch and I don't want to miss the opportunity to file these petitions again while the dates are still current.

Option#2 -- File ONLY I-140 right now and attach the new I-140 and new Labor to the existing I-485 (assuming it is stilll pending). Not sure if it is allowed or not. I have read in the forum and also confirmed it with one attorney that it can be done. This is where the attorneys are having different opinions. Some says you can and some denies.

---- You can file new I-140 with PD of 2005 only if it is EB2 and assuming earlier labor was EB3. Later, upon I-140 approval, you sent porting PD request to the USCIS.
Guys please respond and advise the best course of action.....

Thanks a million in Advance....!!!!

--

 

[gctarget06]

Thanks Hopeofgc...

Both of my Labor (one which was filed with a substitute labor & my own) are in EB3. Do you think its a problem ?? what if we withdraw the existing I-140 ??
How to proceed in this matter ?

Thanks much for your valuable comments...

 

[hopeofgc]

Thanks Hopeofgc...

Both of my Labor (one which was filed with a substitute labor & my own) are in EB3. Do you think its a problem ?? what if we withdraw the existing I-140 ??
How to proceed in this matter ?

Thanks much for your valuable comments...

Not sure if I-140 can be filed with same category Eb3 with same employer. I know it is possible if the same process was through different employers.

I guess you can call USCIS and initiate a SR for your pending I-140.

I would suggest to talk to a attorney before EB category retrogresses.