Go for labor substitution or not?

[GreenCard_Dream]

I’m working for company A and my original Labor (EB2 RIR, PD Sept 2004) still pending at BEC and I’m currently 8th H1 extension. Now Same company is offering me pre-approved labor ( PD July 2003, EB2 RIR)and asking me to file I140.


Here are my questions.
1.What are the pros and cons going for the pre-approved labor?

2.If I go with pre-approved labor i can’t file I140 in premier processing so,
how long it will take for approval of I140 thru regular processing? If I have to wait for 6 months, my original labor will get approved and i can go for I140 PP.

3.What are the pros and cons if I concurrently file I140 and 485 using pre-approved labor?. Shall I first file I140 and after approval file 485?

4.What will happen to my original labor if my I140 or 485 gets DENIED?

5.If I140 gets approved, what are the chances that my 485 gets DENIED using pre-approved labor?

Expert’s pls advice? Go for pre-approved labor or not?

Thanks

 

[manwithnoname]

I’m working for company A and my original Labor (EB2 RIR, PD Sept 2004) still pending at BEC and I’m currently 8th H1 extension. Now Same company is offering me pre-approved labor ( PD July 2003, EB2 RIR)and asking me to file I140.


Here are my questions.
1.What are the pros and cons going for the pre-approved labor?

2.If I go with pre-approved labor i can’t file I140 in premier processing so,
how long it will take for approval of I140 thru regular processing? If I have to wait for 6 months, my original labor will get approved and i can go for I140 PP.

3.What are the pros and cons if I concurrently file I140 and 485 using pre-approved labor?. Shall I first file I140 and after approval file 485?

4.What will happen to my original labor if my I140 or 485 gets DENIED?

5.If I140 gets approved, what are the chances that my 485 gets DENIED using pre-approved labor?

Expert’s pls advice? Go for pre-approved labor or not?

Thanks

My take on this:

Go with the pre-approved LC as this one possess an earlier PD. You can file for adjustment of status right away as the PD is current. Who knows when the BEC LC will get approved and by that time whether the PD will remain current? Yes I-140 does not provide PP for substitute LC cases, it may take 6 (TSC) to 10 (NSC) months, as per current processing trend. Please note that the original LC and pre-approved LC are two independent GC trails. I do not have enough information to weigh the advantages of each - please ask your employer's lawyer about this.