Premium processing when multiple I-140 is filled

M

mmk91

Registered Users (C)
Hi,
I have already filled two I-140. One for EB3 and one for EB2 for company A. Company B has acquired Company A. So, I am filiing a new I-140 for company B for EB2 position requesting recapturing the previous date. My lawyer says that I cannot do premium processing since I have got multiple I-140 filed. Is that true.
 
Do they both refer to the same underlying labor/job-opening? Though the faq on PPS says that you cannot use PPS while another I-140 is pending, I need clarification if they are talking about the case where same EB2 certified labor is being used to file multiple I-140s under both EB3 and EB2. I.e. is PPS allowed if underlying labor is different.
 
If you use the same LC (or capture the PD) for both the applications, then PP is not allowed. That is what I understood from my attorney. I filed a I-140 petition last year using sub LC (with lc copy) which is still pending, and my original LC was approved recently and used that LC to file another I-140 in premium 2 days back. I would know the status of the second one in 15 days.

thanks!
 
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