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

[gctarget06]

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...

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.

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

Thanks a million in Advance....!!!!

 

[get_gc04]

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...

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.

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

Thanks a million in Advance....!!!!

First of all I can't believe that I-140 filed in Dec 2004 is still not approved. What is the reason it is still pending? Did you get RFE on it? Did you put any inquiry to find out about this? If we get the clear picture about your pending I-140 then probably gurus in this forum might provide some valuable advice.

 

[gctarget06]

First of all I can't believe that I-140 filed in Dec 2004 is still not approved. What is the reason it is still pending? Did you get RFE on it? Did you put any inquiry to find out about this? If we get the clear picture about your pending I-140 then probably gurus in this forum might provide some valuable advice.

It is still pending because of the fu**ing name/security check. Beside I took an infopass appointment and img. officer told me that "since both of your petitions were filed concurrently, we'll adjudicate them together"
I have seen exactly the opposite in so many cases....oh well...what can you say when you are dealing with "USCIS"

 

[wilaborgc]

I dont know if this is the best bet.
If my own labor is approved I would file a letter to withdraw the previous 485 and put a copy of the letter, Receipt of I140 and refile I140 and I485
In that way the incompatiability of qualifications of substitution wouldnt effect me.