My labor ( priority date: July 2003) was denied in Feb. We have been pursuing to reopen the case. DOL has been positive and they might reopen the case. But in the meantime, my H-1 will expire in Sept,07. I also have an approved PERM labor with priority date of May,2006. My attorney plans to file for I-140 using the PERM labor and then apply for 3 year extension using the approved I-140. In case the old labor gets approved, he plans to withdraw the I-140 filed using PERM and then reapply I-140 using old labor. I had my doubts about this approach. Below are my questions (doubts). Any help in the regard is greatly appreciated.
1) How much time does it take for I-140 withdrawal process? Can we simultaneaously file 2 I-140's or is it mandatory to withdrawn one before filing the other?
2) If I am taking a 3 year extension using an I-140 filed with my PERM labor, does it become void once I withdraw my I-140. If that's the case, am I going to be out of status?
3) Can I apply for a 1 year extension (using my PERM labor) ? I believe that the validity of this 1 year extension has nothing to do with I-140 withdrawal. Is this correct?
4) I am hearing rumours of a new law being passed ( the 45 day rule) that will void a PERM labor incase we dont apply for I-140 within 45 days of its approval. Since my PERM labor is apply in May last year, if I am filing for I-140 before the rule passes but withdrawing it later ( contingent upon my getting my old labor approved), would that also void my 1 year extension?
5) If DOL changes my old labor status to 'In Process' again ( currently it shows as 'Denied'), can I apply for 1-year extension using the old labor and still continue with my I-140 filing using PERM labor?