Can I use new I140 after filed AC21?

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dududidi

Registered Users (C)
Can I use new I140 after filed AC21?

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On September 9, 2002 I filed I140 and I 485 concurrently.
Laid off on October 14, 2002.
Started new job on December 10, 2002
I140 approaved in June, 2003.
Filed new I140 with my current employer on October 20, 2003
I485 RFE in April, 2004, required response deadline June 30, 2004
Sent AC21 on June 18,2004
New I140 was approved on June 21, 2004

Can I request I485 be reconsidered based on newly approved I140 after sending request of AC21 ealier?
__________________
dududidi
 
dududidi said:
Can I use new I140 after filed AC21?

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On September 9, 2002 I filed I140 and I 485 concurrently.
Laid off on October 14, 2002.
Started new job on December 10, 2002
I140 approaved in June, 2003.
Filed new I140 with my current employer on October 20, 2003
I485 RFE in April, 2004, required response deadline June 30, 2004
Sent AC21 on June 18,2004
New I140 was approved on June 21, 2004

Can I request I485 be reconsidered based on newly approved I140 after sending request of AC21 ealier?
---- YES, you can substitute the new approved I-140 for pending I-485, write to USCIS with copy I-485 filing reciept and send copy of new I-140 and request USCIS to approve your pending I-485 based on new approved I-140.
** if you sent AC21 letter from the same employer who got new I-140 approved for you then it is upto you, becase AC21 letter will serve the same

_________________
dududidi
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Thank you

ginnu,

thank you for your reply.
I sant AC21 through a different lawyer from the one got my new I140.
I will send new I140 approval notice by myself.

The lawyer who sent my AC21 does not know I have a new I140. Maybe I need use G28 to represent myself on my I485 case.

Thanks again
 
I have 1 more concern here

When I sent AC21, the EVL says the job duty is
As a FEA Simulation Engineer, his job duties are to analyze paper converting machine system applications, build and debug simulation models, perform engineering support on our machine system design.
When I applied new I140, the job duty description is
1. Responsible for FEA (finite element analysis) modeling and analysis of mechanical designs for specialty converting machinery; 2. Define requirements to accomplish optimum machinery performance; 3. Verify new product concepts and provide supportive reports; 4. Recommend designs for manufacturability and safety; 5. Predict vibration and other functional problems; and 6. Interface with other mechanical engineers, technicians, manufacturing engineers and mechanics while developing machinery to satisfy our customer's needs.

Would there be a conflict? Will the officer compare these two?

Do you have a sample letter to substitute I140?

Thank you
 
dududidi said:
When I sent AC21, the EVL says the job duty is
As a FEA Simulation Engineer, his job duties are to analyze paper converting machine system applications, build and debug simulation models, perform engineering support on our machine system design.
When I applied new I140, the job duty description is
1. Responsible for FEA (finite element analysis) modeling and analysis of mechanical designs for specialty converting machinery; 2. Define requirements to accomplish optimum machinery performance; 3. Verify new product concepts and provide supportive reports; 4. Recommend designs for manufacturability and safety; 5. Predict vibration and other functional problems; and 6. Interface with other mechanical engineers, technicians, manufacturing engineers and mechanics while developing machinery to satisfy our customer's needs.

Would there be a conflict? Will the officer compare these two?
--- USCIS officer just need the new approved Copy of I-140 to substitute the earlier I-140 with pending I-485, he does not have the time to check other details he will just look that you have NEW I-140. that is alll
Do you have a sample letter to substitute I140?
---It is simple just write what I told you in above post
Thank you
Click to expand...
 
**Rough Letter, correct the language and grammaer





Name:
Pending I-485:EACXXX
A#









To.
USCIS ADDREES

RE: Substitution of NEW I-140 for pending I-485 EAC>>>>>>> LIN>>>>>

Dear officer,
My I-485 #….. Is pending with your service center. I have got approved my New I-140 through my current employer. I would like to substitute my New I-140 # EAC or LIN….. With Pending I-485. I request you to approve my pending I-485 on the base of New I-140.
If you need any more info please contact me.
Your Truly,
Name XXXXX

Signature

Address


*** better if you also attach new employer letter and change your address on pending I-485 if you have moved after filing I-485
 
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You Can read more Info:

Updated 06/19/00: New Rule on Replacement of Underlying I-130 or I-140 for Pending 485

The INS HQ revised its policy on this rule liberalizing replacement of the underlying petition without affecting the pending I-485. This new policy was released in the legally binding Memorandum dated 05/09/00 and reflected in the Adjudication Manual for the 485 adjudicators throughout the country and overseas posts. The following is a summary of the Memo:
Preconditions for Replacement: Two conditions must be satisfied:
(1) The previous approved I-130 or I-140 should be valid and not have been "revoked" or "denied" at the time of request for replacement.
(2) The priority date for the replacement new or subsequent petition must be "current." Accordingly, people cannot request replacement when the priority date is retrogressed and become "not current" for the replacement petition. Very important to remember for Chinese and Indians.
Replacement Request Deadline: It can be filed until I-485 is adjudicated (approved or denied). Besides, should he/she merits, a motion to reopen or reconsider can be filed within 30 days of 485 adjudication and request such replacement.
Types of Immigrant Petitions Eligible for Replacement: Existing and a new or subsequent immigrant petitions do not have to be in the same categories or preferences. I-130 can be replaced by I-140, and I-140 can be replaced by I-130, without affecting pending I-485. I-360 for Religous Worker Special Immigrant Petition can be replaced by either I-130 or I-140 or vice versa. However, when the underlying petitions cross between two different types or preferences, the priority dates cannot be transferred between the two different petitions. Very important to remember. As people know, priority dates can be transferred between different categories within the Employment-Based Immigrant Petitions. The same is not true when people cross over to or from other petitions. Underlying Philosophy of the New Rule: The Memo states: "While the intent to work for the petitioning employer is a requirement for approval of the I-485, there is no legal requirement that the beneficiary of an approved employment-based visa petition work for the sponsoring employer before receiving permanent residence status. In addition, the transferring of the I-485 adjustment case can be in both the Service's and the alien's interest. If the transfer request is credible and justified, the alien is not gaining a benefit that he or she is not eligible for, especially when no change in the visa category is involved. In such cases, by allowing the transfer of adjustment cases to an eligible family or employment-based petition the Service is saving itself time and work." This reporter cannot agree more!!!
 
It is clear

Thank you, Ginnu.
It is very clear, I can do it with different categories.
I have sent them out. I am waiting for my approval. Hopefully soon.
 
DUPLICATE 140 approvals

Hello freinds:
any suggestion as to which 140 approval one should base thier 485 on. In my case i have 2 approvals of 140 for OR as well as NIW. or 140 WAS APPROVED FIRST


THNAKS
aRJUNDC
 
arjundc said:
Hello freinds:
any suggestion as to which 140 approval one should base thier 485 on. In my case i have 2 approvals of 140 for OR as well as NIW. or 140 WAS APPROVED FIRST
---- you can use any I-140

THNAKS
aRJUNDC
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