140 approved after MTR - new Labor filing?

justcuriousaa

Registered Users (C)
Hi,

Earlier my EB2 140 got denied and Applied MTR.
Since I was approaching 6th year, I started another EB3 labor process.
Now ads are run and ready to file EB3 labor.
Now, my old EB2 140 is approved. Should I go ahead and file my EB3 labor now or stop that process?
Is there any pros and cons filing new EB3 labor when a EB2 140 is already approved?
Please advise.

Thanks
 

manwithnoname

Registered Users (C)
I don't think EB2 I-140 and a new EB3 labor certification are related ... moreover your employer is yet to file the new LC petition - so I guess, the approval was based on the MTR.
 

justcuriousaa

Registered Users (C)
Thanks

Hi manwithnoname.
Yea, my 140 approval was for my EB2 MTR.
My doubt now is should I go ahead and file my Labor in EB3 ( since i have already paid for ads and lawyer fees)?
or will it cause any confusion or any advantage?
appreaciate your suggesstion
Thanks
 

venkat04

Registered Users (C)
HI,

Congratulations on your I-140/MTR approval.

My 140 was denied on Ability to pay in April'08 and applied MTR in May'08 and still pending.

May I know the reason for your earlier denial.

Thanks & Regards
 

crossroad

Registered Users (C)
Could you pl let me know if there was LUD on your I290B (MTR) after filing or just LUDs on denied I-140 case before approval?

I have MTR filed since June 11th and is still pending. NO LUD on MTR but I did see LUD on my denied I-140 on July 27th. Nothing had happened so far.

Could you pl let me know?

Thanks
 

venkat04

Registered Users (C)
Hi,

I have filed MTR in May and status is still pending. There was a LUD in early June on I-140 and I290B, when I290B(MTR) was transferred to TSC from NSC. This was because my I-140 was denied from TSC and later transferred to NSC.

Reason for My I-140 denial was Ability to pay. May I know reason for yours.

Thanks & Regards,
 

venkat04

Registered Users (C)
EAD while I-290B(MTR)/I-140 pending

Hi All,

We have applied for I-140 in April, 2007 and I-485/EAD/AP in August 2007 and received EAD and AP in November 2007 and Jan 2008 respectively.

In April, 2008, I-140 was denied and subsequently we have filed I-290B (MTR) and my EAD is expiring in October, 2008. We have not used EAD so far, continuing on H1B.

Currently I-290B (MTR) is pending.

We would like to know, whether we can apply for EAD/AP now or do we need to wait until I-290B/I-140 approval.

What are the chances to get EAD/AP when I-140/I-290 is pending?

Thanks in advance.
 
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crossroad

Registered Users (C)
When my I 140 was denied they didn't deny my I-485, so I got my new EAD and AP approved (Both renewal). So yes you can do so if your I-485 is still intact.

BTW, my I-140 was denied because USCIS says they sent me an RFE and we never responded. My lawyer says he never received. Hence the case was denied. I still don't know what RFE was for? There was no mention on the denial notice. :(
 

venkat04

Registered Users (C)
Hi,

Thanks for the reply.

There was a RFE on I-485 subsequent to I-140 denial for I140 approval. My Employer had resonded with MTR details, the status of I-485 now is pending.

BTW, for how long did they give EAD/AP?

Thanks & Regards,
 

crossroad

Registered Users (C)
EAD is valid for 2 years and was processed in 2 months
AP was also processed in 2 months and in the mail. So don't know how long it is valid for.

Thanks
 
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