Multiple I-140/I485..Gurus Please Help.

G

gctarget06

Registered Users (C)
Hi Guys,

I am in the following dilemma and not sure what to do as different attorney I spoke to are saying different things...morons...:rolleyes:

I Filed my I-140 & I-485 in Dec 2004 based on a Substitute Labor having PD 2001. Both of the petitions are still pending. The approved Labor I took doesn't seem to match my qualification and I used experience to show the equivalency. Now I have my own Labor approved with PD of March 2005. I am wondering what should be the best course of action provided that dates are "current" for another month.

Option #1 -- File I-140 and I-485 based on this newly aproved Labor and let the other I-140 & I-485 pending. Not sure if Multiple filings from the same employer are allowed or not. If it is NOT allowed, Should I go ahead and withdraw the existing I-140/485 because the approval of these petitions are remote due the qualification mismatch and I don't want to miss the opportunity to file these petitions again while the dates are still current.

Option#2 -- File ONLY I-140 right now and attach the new I-140 and new Labor to the existing I-485 (assuming it is stilll pending). Not sure if it is allowed or not. I have read in the forum and also confirmed it with one attorney that it can be done. This is where the attorneys are having different opinions. Some says you can and some denies.:confused:

Guys please respond and advise the best course of action.....

Thanks a million in Advance....!!!!
 
Pearson memo.

I am in similar situation like yours. I choose option 2 to save legal fees. The rule used is called Pearson memo. You can search this forum to see other success stories. Laywers are in conflict of interest when giving legal advice to you. Option 1 will generate more revenue for them. Option 2 is less revenue.
 
options 2

You can file 2 nd 140 and attach it to the existing 485... There are lot people did it succussfully applying 2nd 140 and attached to existing 485 to convert from eb3 to eb2. I do not see any difference. only issue would be if you are applying both 140's from same company with diffferent job profiles

http://www.murthy.com/news/UDinsigs.html

you can search for postsby unitednations and others in priority date retrogation forum

http://boards.immigrationportal.com/forumdisplay.php?f=241
 
dbwr said:
post the country, catagory...
Click to expand...

Country is -- India
Category -- EB3 (both Labors i.e. mine as well as substitute)

Is there any issue because both of the Labors are in EB3 ?? What if I withdraw the existing and file entirely fresh ??

Please comment.

Thanks...
 
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