I-140 Approved for 2 people - Need help

[quesgc]

Hi All
As previously posted my I-140 was approved on Feb, 17th. Please check my signature for my case details.

There is a I-140 petetion also filed for the original labor beneficiary before my I-140 was filed and that guy left the company after that. My company had used that labor for me. A request to withdraw this 140 was also sent before mine was applied. The copy of the request for the withdrawl was also sent with my I-140 petetion. There was an RFE on the Original Benefeciary's I-140
in January 05(I dont know the details of the RFE). My employer said he is not going to respond for the RFE and that will get denied after the due date.

In the mean time my I-140 with Substitute labor was approved on 2/17/2005.
The strange thing happened now is that the message for the Original Beneficiary's I-140 is also changed and it shows it as this application was approved on 3/31/2005.

How is this possible that they can approve 2 140's for the same labor?
Will I be having any problem with this when my 485 gets processed?

Guru's please advice on this.

Thanks

 

[quesgc]

Hi All
As previously posted my I-140 was approved on Feb, 17th. Please check my signature for my case details.

There is a I-140 petetion also filed for the original labor beneficiary before my I-140 was filed and that guy left the company after that. My company had used that labor for me. A request to withdraw this 140 was also sent before mine was applied. The copy of the request for the withdrawl was also sent with my I-140 petetion. There was an RFE on the Original Benefeciary's I-140
in January 05(I dont know the details of the RFE). My employer said he is not going to respond for the RFE and that will get denied after the due date.

In the mean time my I-140 with Substitute labor was approved on 2/17/2005.
The strange thing happened now is that the message for the Original Beneficiary's I-140 is also changed and it shows it as this application was approved on 3/31/2005.

How is this possible that they can approve 2 140's for the same labor?
Will I be having any problem with this when my 485 gets processed?

Guru's please advice on this.

Thanks

Experts can someone throw some light on this...
The approval notice has also been recieved on the second one.
Does the second approval needs to be revoked?
Will I be having any problems with this when 485 isprocessed?

 

[eBhola]

Withdraw the first 140

It looks like Ur employer/attorney did not care to withdraw the application. He banked on automatic withdrawal after the due date. The due date is usually 3 - 4 months..
In the mean time U might have applied... and some of the document U supplied might have gone to fulfill the requirement of the RFE already issued.

Did U both file concurrent.

I guess if both of U did concurrent and if the first guy get approved -- U may be tanked eventually. But if you get approved first then the other application may be tanked.

The only solution is Ur attorney should write a detail report of the case and should withdraw the already approved I-140 for the other guy.

That should be simple as it involves withdrawl!!!!

 

[quesgc]

eBhola,thanks for the reply. Here are the answers:

It looks like Ur employer/attorney did not care to withdraw the application. He banked on automatic withdrawal after the due date. The due date is usually 3 - 4 months..

[I]My Employer has sent the withdrawl letter before I applied.[/I]
In the mean time U might have applied... and some of the document U supplied might have gone to fulfill the requirement of the RFE already issued.

My application has the Original Labor and the withdrawl letter(other documentation sent for withdrawl) for the other guy.

Did U both file concurrent.
Mine was concurrent but not the other guy's

I guess if both of U did concurrent and if the first guy get approved -- U may be tanked eventually. But if you get approved first then the other application may be tanked.
Mine has all the documentation, Original labor, copy of the reciept of the other guy's 140, Letter requesting the withdrawl by the employer and the reasons for the withdrawl. Mine was approved first and after 2 weeks the Other one was approved
The only solution is Ur attorney should write a detail report of the case and should withdraw the already approved I-140 for the other guy.

That should be simple as it involves withdrawl!!!!

I have to talk to my employer about sending the withdrawl letter again.