140 RFE. Can I Use RIR LCA To File New 140 and Save 485?

G

GeeSeeNothing

Registered Users (C)
I have RFE on my 140 (PERM LCA). I am thinking of worst case and trying to save my 485/EAD's.

Can I use my approved RIR case to file for a new 140 and somehow relate/connect this 140 to existing 485 case? To save my EAD's and 485?

Friends, thanks much in advance for your time and advise.

Thanks.
 
You certainly can ... but what was the RFE about? If you want to apply an I-140 based on your RIR-LC from Back Log center you have to act before January 12, 2008. When this I-140 gets approved, you can interfile this one with your penidng I-485 application.

The above comment is what I can recollect from the previous postings - experts, please feel free to add here.
 
I wouldbt be able to get 140 approved in less thn a month. Will I be able to use 140 receipt to interfile my 140 with 485 to save it?

BTW, My RFE is related to my education/ I have 3-yrs Engineerign Diploma and LCA job req is BS.
 
hi,
I'm in the same boat. My I-140 which was filed under EB2 was denied from NSC. The reason is job offer doesnt satisfy EB2. I've my masters from USA and LC job description did mention Masters. I'm not sure why I-140 was denied.
My company attorney is going to refile my I-140 in EB3. They had already filed for my I-485 and I received EAD and AP. When we refile I-140 under EB3, how can we link it to the pending I-485? what's the procedure to do this???
I want to save my I-485/EAD/AP...

thanks...
 
GeeSeeNothing said:
I wouldbt be able to get 140 approved in less thn a month. Will I be able to use 140 receipt to interfile my 140 with 485 to save it?

BTW, My RFE is related to my education/ I have 3-yrs Engineerign Diploma and LCA job req is BS.
Click to expand...

If the RFE is on 3-year diploma, you must furnish additional evidence that will justify the equivalence with an U.S. degree. Please read the NSC 3-year degree thread in the I-140 at NSC forums.
 
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curious21 said:
hi,
I'm in the same boat. My I-140 which was filed under EB2 was denied from NSC. The reason is job offer doesnt satisfy EB2. I've my masters from USA and LC job description did mention Masters. I'm not sure why I-140 was denied.
My company attorney is going to refile my I-140 in EB3. They had already filed for my I-485 and I received EAD and AP. When we refile I-140 under EB3, how can we link it to the pending I-485? what's the procedure to do this???
I want to save my I-485/EAD/AP...

thanks...
Click to expand...

In your case it appears that you satisfy the EB2 requirements but not on your employer's job description. In all, the latter could not justify to hire a Master's degree holder. In this case the employer is allowed to re-file on EB3. For interfiling the new I-140 with the pending I-485, please read the question #38 of USCIS FAQ - that will probably give you some idea. Of course, your lawyer should know this.
 
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