UN,
Thanks for your insight. I am still little concerned about my spouse's status. In the scenario that you explained, I will have to wait for my I-140 to be approved from my new employer (Employer B). But in the meanwhile, if the old I-140 gets denied, all its attached applications will...
UN, Ginnu, Therealcanadian, other gurus..
Need your insight/thoughts/guidance on the following case:
I-140/I-485 filed by Employer 'A' pending in TSC Service Center for over a year. EADs/APs approved for self and spouse twice. FP done during Oct 2004. I am still on H1B with Employer 'A'...
This is a ongoing debate whether the PD is that of the original Labor or the RD of I-140 for the substituted alien....but if you see all the approvals of substitute labor in the various I-140 forums, you can infer that atleast for now USCIS is using the original PD (of original Labor) for the...
The scenario that you mentioned is kind of loop hole in the process. If the original beneficiary uses AC21 (and informs USCIS about it) and changes jobs and then the employer revokes that I-140 and substitutes a second applicant, I think the second applicant also will get his I-140 approval...
Your employer can revoke/withdraw the old approved I-140s and substitute you on one of them. The only care that needs to be taken is that your company will have to prove the "Ability to Pay" from the Priority date of the original labor (in this case it would be over 4 years as you mentioned)...
pashwin,
A slight correction to you post. Actually, you can withdraw a 140 petition even after it is approved and use the underlying labor for another applicant. The only drawback in this case is that since you don't have the original labor to file the substitution case, there might be...
mail4labor,
I hope it is not the case. You cannot apply two I-140s using one labor unless you withdraw/revoke the first one. If your attorney used the original labor while filing your I-140, they would not have applied the second applicant's I-140 with the original labor (as original would...
Generally, it is a good idea/recommendation to apply for EAD renewal 90 days before your current EAD expires so that in case of a delay in processing times, atleast you will have the flexibility to get a interim EAD from your local USCIS office after your application is pending for 90 days...
Checkout my reply for your question in other thread. I did it recently and got approved without any issues.
http://www.immigrationportal.com/showthread.php?t=161999
FILE040505,
The Priority Date on I-140 Receipt will be blank. It would be populated only on your I-140 approval. Since yours is a subs. labor case, you would get the PD of the original labor in your I-140 approval notice. So wait for your I-140 to be approved to see the PD.
Since...
sarwarmd,
Its possible that they are working on your I-140 case. Keep monitoring the LUD changes and hope you get your I-140 approval.
I had a question for you: From your signature, I see that you had 2 concurrent filings of 140 and 485 (sorry about the denial on the first...
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