Can I apply I-140 twice

P

pacha_card

Registered Users (C)
Hello All,

My I-485 is pending and my previous employer revoked my I-140. I am responding to NOID sent by USCIS as I am eligible under AC21. Since my current petition is based on labor substitution and I am not sure about my PD with the I-140 revoke and no attorney is able to answer correctly what happens if the old employer uses the same approved labor for another person. Because of so many grey areas, I am just thinking to approach my current employer if they have any approved labors so that I can start fresh my processing without worrying about my current I-485 being denied. But I am already in 7th year extension of H1B. So in this situation would I be eligible to apply for another I-140 and I-485 (assuming PD is current).

I have also applied 3 yr H1 extension recently but since my I-140 is revoked I doubt USCIS will approve my H1.


Thanks,
VG
 
Hello UnitedNations and RealCanadian and other expert members...

Please need your advice...

Thanks in advance..

- VG
 
pacha_card said:
Hello All,

My I-485 is pending and my previous employer revoked my I-140. I am responding to NOID sent by USCIS as I am eligible under AC21. Since my current petition is based on labor substitution and I am not sure about my PD with the I-140 revoke and no attorney is able to answer correctly what happens if the old employer uses the same approved labor for another person. Because of so many grey areas, I am just thinking to approach my current employer if they have any approved labors so that I can start fresh my processing without worrying about my current I-485 being denied. But I am already in 7th year extension of H1B. So in this situation would I be eligible to apply for another I-140 and I-485 (assuming PD is current).

I have also applied 3 yr H1 extension recently but since my I-140 is revoked I doubt USCIS will approve my H1.
--------------- if USCIS does not deny pending I-485 you can get H1 extension.

Thanks,
VG
Click to expand...
Need more info.
when was your first LC filed? (that is your PD)
the date I-140 was filed
the date I-485 was filed
date I-140 was approved.
what date past employer requested USCIS to revoke the I-140?
** if the USCIS accepts your AC21 and you got approved and later the employer uses that LC for other person he/she will get nothing.
* if your present employer has approved LC (that match your education,experience at the time of filing that LC) and you file new I-140 you may get the PD of the LC filing date( VSC is giving the PD of LC filing date on I-140 approval notice, it is grey area )

***** your case seems to be eligible for AC21 if I-140 was revoked AFTER I-485 pending more than 180 days
 
Last edited by a moderator:
Thanks a lot Ginnu.

Here are my details

LC RD: 12/2002 (PD)
LC AD: 05/2004
I-140 AD: 10/2004 (by labor substitution)
I-485 RD: 09/2004
Changed the Job in 04/2005 and sent the AC21 papers to USCIS but it seems they didn't look into it and still sent me the NOID.
I-140 revoked: 10/2005
Spouse EAD RD: 03/18/2006
I-1485 NOID date: 03/23/2006
Applied for H1 3 yr extension RD: 03/31/2006 and waiting for the response.

Also Could you please look into my other thread which is titled 'I-140 revoked - H1 3yr extension'. I have posted the USCIS NOID letter that I have recieved and which clearly states that if I am eligible under AC21 then my revoked I-140 will be valid. That means I should retain my original PD and also I should get my H1 3 yr extension. Please share your experience and thoughts on this.

Thanks,
VG
 
pacha_card said:
Thanks a lot Ginnu.

Here are my details

LC RD: 12/2002 (PD)
LC AD: 05/2004
I-140 AD: 10/2004 (by labor substitution)
I-485 RD: 09/2004
Changed the Job in 04/2005 and sent the AC21 papers to USCIS but it seems they didn't look into it and still sent me the NOID.
I-140 revoked: 10/2005
Spouse EAD RD: 03/18/2006
I-1485 NOID date: 03/23/2006
Applied for H1 3 yr extension RD: 03/31/2006 and waiting for the response.

Also Could you please look into my other thread which is titled 'I-140 revoked - H1 3yr extension'. I have posted the USCIS NOID letter that I have recieved and which clearly states that if I am eligible under AC21 then my revoked I-140 will be valid. That means I should retain my original PD and also I should get my H1 3 yr extension. Please share your experience and thoughts on this.

Thanks,
VG
Click to expand...
It seems you are eligible for AC21 and can also get H1 extension
 
Thanks Ginnu. By early next week my attorney is sending AC21 docmentation to USCIS. Hopefully after that I should hear some thing on my H1 and also my spouse's EAD. I will post the proceedings here.
 
I guess you should also consider the risk in the shadow of proposed new rule to eliminate substitute labour from DOL which will end commenting phase by Apr 14. Not very sure how they act on sub-LC base I-140.
 
I think April 14th is only the end of commenting period. It would take some time before it becomes actual law. Isn't it ??? OR I am missing some thing.

Actually the idea is my employer is very big US firm and very reliable so I am sure they will have so many approved labors but they never tried this approach so far. If they agree then I am going to be the first candidate.
I am just trying my luck to come out of this uncertainity of revoked I-140 and retrogession.
 
pacha_card said:
I think April 14th is only the end of commenting period.
---------- that is correct
It would take some time before it becomes actual law. Isn't it ???
---------- correct
OR I am missing some thing.

Actually the idea is my employer is very big US firm and very reliable so I am sure they will have so many approved labors but they never tried this approach so far. If they agree then I am going to be the first candidate.
I am just trying my luck to come out of this uncertainity of revoked I-140 and retrogession.
----------- your employer can file new I-140 for you if any LC match your job duties, take the approved LC copy and your education certificates and exp letters to a good lawyer and if you are eligible to use that LC then file ASAP as back up plan aslo update the lawyer about your peding case PD.
Click to expand...
 
Once it becomes law to stop the labor substitutions then already applied substitution cases will not be affected. Is that correct.

It is only in future employers are not able to substitute somebody for an approved labor. Is that correct.
 
pacha_card said:
Once it becomes law to stop the labor substitutions then already applied substitution cases will not be affected. Is that correct.
-------------correct
It is only in future employers are not able to substitute somebody for an approved labor. Is that correct.
--------- correct ( according to info available at this time)

**** once your new employer file new or second I-140 dont forget to write your A# on the form( your present I-485 filing reciept has A#)
Click to expand...
 
pacha_card said:
Once it becomes law to stop the labor substitutions then already applied substitution cases will not be affected. Is that correct.

It is only in future employers are not able to substitute somebody for an approved labor. Is that correct.
Click to expand...

I doubt this though. It may affect pending I-140. That's what I said risk. In any event, this creates hostile environment for sub-LC at USCIS. They may look at those cases very carefully.
 
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