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Brar,
As per a memo (Pearson Memo) from the INS HO, substitution of I-140s against pending I-485 petitions is allowed. Do a search on www.murthy.com with \'Pearson\' and then confer with your attorney regarding its applicability to your case.
Good luck.
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I belive the new bill makes the issue of redoing the I-140 in case of company name changes and M&As (or for that matter even in cases where yje petitioner has switched companies) moot, as long as the I-485 petition has been pending with INS for over 180 days. The big question is...
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Hi Aqualung,
From whatever I\'ve researched I think you strategy is sound. Only a couple of comments:
- Since you submitted an I-140 without an RFE, it would be useful for you to seek expedited processing under the \'EXPEDITE on SUBSTITUTION\' category lest they treat your I-140 as...
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So, Aqualung, are you saying that you filed an amended I-140 before you got the RFE asking for an amended I-140 i.e. in anticipation of getting an RFE for the amended I-140? Or, are you saying that you got an RFE to do an amended RFE but decided to first file the new I-140 and once you...
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I-140 redo RE....
In my case the I-140 redo was classified as an RFE by VSC as opposed to an Intention to Deny. Is that true for most (or all) of you? Also, on reading your posts it appears that VSC only asked for the I-140 redo, and didn\'t ask for any of the other stuff like W-2s...
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Congratulations, AKP!
Many of us fellow I-140 redoers watched your trail blazing saga with great anxiety and anticipation, so this is good news indeed. I guess we\'ll never know why your case took so long, but for sure the latest VSC audit also contributed to the delay in...
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There seems to be something amiss in this whole I-140 redo saga. So far I\'ve seen AKP\'s case take a long time, and IMHO it seems to be a case of broken link between the new I-140 case approval and the old pending I-485. I had also seen a case from Mike Tyson, whose lawyer advised him...
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Since you applied before getting the RFE, did you have to go through the full motions of doing an I-140, i.e. justify that the beneficiary meets the job requirements of the LC along with experience letters etc., or did you just send them a copy of the old I-140 along with the name...
Based on an earlier post from Suri, I called the IIO regarding my I-140 redo, which was submitted on Oct 17, 2000. Initially the IIO said it takes about two weeks before the information shows up in the system, but after some discussion she agreed to look up the I-140 in the system using my last...
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Congratulations MP SOL!
A question for you: You say that you filed a new EB2 I-140 to reflect your new upgraded position in your company. Did you use the same LC for this as the one you had used for the EB3, or did you also do a new LC? If you used the same LC, how did you justify...
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I don\'t believe you need the original LC to do another I-140. You can use a copy and mention in the cover letter that the original is anyway wuth INS as part of the first I-140. I also believe, INS can request for another original for the regional DOL office, should they so choose to...
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PD is based on LC
For LC cases the PD is based the date the LC application was submitted. IF you do decide to join a different company, you can salvage the PD, but you need to file a new I-140 with the new company and asking the INS to substitute the I-140, once it is approved, on...
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Lately VSC has been taking a position of requiring a new I-140 on all name change/M&A cases. So, if I were you, I would seriously consider filing a revised I-140 from the new company, and asking INS to substitute the new I-140 on your pending I-485 application. In fact, I believe...
Would it be advisable to file a substitution I-140 before getting an RFE for the same? My company merged with a bigger company, and thus the I-485 and I-140 refer to different companies. The cognizant center is VSC.
Thanks in advance.
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