I-140 approved and revoked; LC Sub possible?

R

rasi_s

Registered Users (C)
My company has a LC based on which I-140 & I-485 were applied for another employee. His I-140 was also approved but before the I-485 was approved he got his GC through his previous employer and he left the company.

After he left, my company immediately revoked the I-140 petition, thought it was approved!! Can they do that?

Now can I use that same LC and apply for I-140 & I-485 through substitution?

Please tell me if it is possible and what are the risks?

Thanks,
Rasi
 
Should be possible, at first sight. As long as no GC has been obtained and there is no pending 485 (don't trust USCIS to have terminated his second 485 [if there was one] when the first got approved), you should be able to use it. However, there can be lengthy (and variable) delays. You may not get your EAD/AP until 485 is approved, so may need to maintain your H status(es). See these threads:

http://immigrationportal.com/showthread.php?t=143073
http://boards.immigrationportal.com/showthread.php?t=169004
 
Thanks, Talkative!

Thanks a lot! Those two threads have tons of info. It seems like a gamble especially waiting for the original LC part to be sent to the service center. But I am willing to take that ris!

I will keep you posted.

Thanks,
Rasi
 
RISKY One

Hi Rasi,

I don't know how your risk paid off. But mine didn't. I was under the same situation. My company applied my I-140 (assuming that the USCIS has acted on the I-140 revokation) during the same time you posted your thread. But last month i came to know that the guy on whose name it was applied has got his 485 approved through that I-140. Hence my company wasn't aware that the other guy got his GC (USICS Informed them about it). So mine 140 got rejected. I am back to square one... :(
 
Sub Labor

Guys,

I applied my GC through Sub Labor. My 140 and 765 approved within 3 from RD.

As you guys explained in this thread, if the same labor used in the past by the original candidate, is it problem for my 485 approval or not? Is I am okay or not?

Is there any way can we track that my labor was already used by some one else in the past?

Please share your experiences.
 
honeybunny & Others

My company says that they have revoked the previous I-140 and they have the confirmation letter also from USCIS.

I did not get to see that letter though. I am not sure if they would be willing to show that to me.
 
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