Filing Second I-140 using substitution

G

greatgc

Registered Users (C)
Hi,

I have a question -

One of my friends has already approved I-140 under EB2 category for managerial position. Recently, his company got one BEC labor approved that can be used for EB3, I-140 filing. That EBe labor has PD of 2002, while the EB2 stuff has PD of 2005.

Can the same company file second I-140 using different category labor certi for the SAME beneficiary?

Are there any risk factor of doing so?

Are there any other solutions for not running under any risk factors?

Thanks
 
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