I had previously filed for I-140 & I-485 (concurrently) in Dec' 03 through company A. I have been getting EADs/APs/Finger print notification regularly.
In joined company B in Dec' 06 and filed for a new I-140 through them (LC - Sept 07). I got the I-140 approval through company B on July 30th 09.
On August 3rd we received an RFE on the first I-140 (filed in Dec '03). The problem is that company A no longer exists and the RFE is about the ability to pay. Company A has state that they will not be responding to the RFE.
If that I-140 is denied, the I-485 will be denied. The questions have are:
a) Can I link my existing I-485 petition to the just approved I-140( from company B)?
b) If the above is possible, will the priority date change to Sept '09 (LC of the approved I-140)?
c) If answer to question b) is 'Yes', is there any way we can retain the old priority date (LC - Feb '02).
Note: The job requirement stated in both the LC's is very similar.
To summarize, I'm looking for ways to to keep my I-485 petition alive (My wife is working on EAD without which she will not be able to work. Her company doesn't hire/file for H1 )
Thanks,
Snafu
In joined company B in Dec' 06 and filed for a new I-140 through them (LC - Sept 07). I got the I-140 approval through company B on July 30th 09.
On August 3rd we received an RFE on the first I-140 (filed in Dec '03). The problem is that company A no longer exists and the RFE is about the ability to pay. Company A has state that they will not be responding to the RFE.
If that I-140 is denied, the I-485 will be denied. The questions have are:
a) Can I link my existing I-485 petition to the just approved I-140( from company B)?
b) If the above is possible, will the priority date change to Sept '09 (LC of the approved I-140)?
c) If answer to question b) is 'Yes', is there any way we can retain the old priority date (LC - Feb '02).
Note: The job requirement stated in both the LC's is very similar.
To summarize, I'm looking for ways to to keep my I-485 petition alive (My wife is working on EAD without which she will not be able to work. Her company doesn't hire/file for H1 )
Thanks,
Snafu