Mutliple Labors approved - dilemma

E

emigrant

New Member
Hi guys...
I searched the forum and couldn't find a similar discussion..so am starting a new thread..

I have 2 labors approved - both EB2,

(1) PD march 2005 - RIR
(2) PD march 2006 - PERM

I-140 for Labor (2) with PD 2006 is approved.

My company lawyers are insisting on applying for I485 with the approved I-140 (labor with PD 2006) and say that they'll later apply for i140 on the 2005 PD approved labor and get the PD transferred to my AOS application once that is approved. I would like to know wt the pros and cons of

1. A concurrent filing of the Old LAbor vs
2. I485 filing of the new labor (with approved I140) and later getting the old PD transferred is..

if anybody has been in a similar situation, could you pls share your experience / decision, or if this situation has been discussed elsewhere, can you pls share the link
thanks.
 
Here is what could happen (That I think.)
1. Filing with Old labor should not be an issue at all (you can file 140 and 485 together) and that is the better way to do I think.

2. If you file with a new labor (with PD 2006) and get old PD transferred is also possible without issues.

There shall be no issues in either case.
However, which one is better? Then if filed concurrently, it should be better as you don't have to do any thing later on.
 
your lawyers approach is slightly more risk-free. If that second I-140 is denied for any reason, your I-485 will also automatically get denied (since it was concurrently filed), and you'll need to refile everything with that new I-140 and could be subject to PD being current issues. With the 2nd LC you have already cleared the I-140 stage, and no issues with getting the I-485 into USCIS office. Your AC21 clock starts ticking now, and you also get EAD.

Once the second I-140 comes through, request USCIS to interfile the I-140 with this new one so your PD improves. A strict reading of the pearson memo seems to indicate your PD on that I-140 will need to be current (the 2005 one) for you to be able to submit the interfile request, confirm with your lawyers.
 
You must log in or register to reply here.
Top