Do we need to file an I140.

N

nkimmigration

Registered Users (C)
Hello Guru's,

I have an approved I 140 from MA, then I was moved by the same company to GA. After coming to GA, they applied for a new labor and recently it got approved. Now just a couple of days back, since all the dates were current they applied for my 485.

But, all along I kept hearing that once this GA labor was approved we will have to apply for a new I140 (and 485 if the dates were current). And now they are saying that is not true, and that they can use the same I140 which was approved for my previous labor approved from MA.

This is giving me a lot of grief and confusion. Can someone please comment..

Appreciate your feedback.

Thank you,
-nkimmigration..
 
If the skills and title and labor is same as the approved 140. It would not make a difference if you use different labor. My 2 Cents.
 
Thank you Bobbyzee,

The job set is very close to the same as before. I started working for this company in MA more then 6 years back. While in MA they did my LC, and then applied for 140. By the time the 140 was cleared, I was moved to GA. Now after coming to GA, they filed a new labor here. After a long wait (thanks to BEC), finally got this labor approved last month.

Now when the lawyer (legal) filed the 485, I was under the impression that they would file parallel 140 and 485, at the same time since I had the approved 140 from MA, claim the priority date from the same.

But it seems like they didn't do that. They just filed 485, using this prior 140... which was approved for a labor that was from MA.

Please please if you or anyone can comment on what should be my next steps... I would greatly appreciate it.

I spoke with the legal yesterday, and accordingly they are saying that they can file a new 140 based on the newly approved labor from GA. And then once that comes through, they can substitute (or something to that effect)... on the 485 application. I am not too clear.

Please advice.

Thank you.
 
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