Re-use co-worker approved I-140

M

myworld

New Member
Hi,

One of the co-worker from my company has left the company and went back home for good. Is it possible to re-use co-worker approved I-140 for my 485 filing. My job description and co-worker job description are same. Please note, I have not started my gc (and don't have approved labor) yet but want to save time by using co-workers approved I-140.

Appreciate any response in this regard.

Thanks,
 
Your employer first has to file a new I-140 for you and replace the original I-140 application in writing to the INS--the same labor certification may be used; only after the I-140 approval in your name can you go on to file I-485.
Best of luck!
 
Hi

I did use the pre approved I 140. My lawyer told me that it could take 5 months to approve my I 140. Best of luck my fren we both are in same boat.

Please let me know what your lawyer told you.

Thanks

My RD is June 6th 2002.
 
Iam in CA and my previous empoyer in NC is willing to process my GC as future employee using Substitute Labor(pre-approved labor).
My question is:
1. Can I process I140 in CA instead of Texas (since the company is in NC they usually file in Texas)
2. Is CA faster then Texas?
3. Is it better to not to use a substitute, and do a regular LC first and then file I140? ( as it seems the substitution cases seems to get delayed very much).
I would be grateful if someone could help me.

Will someone help me please?
 
The I-140 is the employer's petition and hence my suggestion would be to file in TSC. Also it is not necessarily true that substituted LCs(or for that matter I-140s) take a longer time. Going by current indications a regular(or even RIR) Labor certification may take for ever--over 2 years!
 
Thanks Samir. By looking at this site, I think that it's posible to file I140 in a different state other than where the employer company comes under. I wanted to confirm this.
 
Jim, Please advise

Hi Jim,

My company has some approved LC's. They found one which suits my skills and job responsiblities. But the problem is, that LC is approved in another state, where my company has a branch. Is it poosible for me to use that LC and file for I-140 in that region. My lawyer is not sure about this!

Please advise.

Thanks in advance
 
One more question

Thanks Jim! for your reply. I need further advise from you.

I applied for LC in NY on 05/24/01. I havent heard any thing so far. Based on the information I have gotten, looks like it might take by the year end before my LC gets approved. But in the meanwhile there is a pre approved LC in my company that matches my skills and job responsibilities. I am thinking of reusing it to apply for I-140. As I mentioned in my previous posting this approved LC is from California. Based on your response to my earlier posting, I understood that I am eligible to apply in California.

Here is my other question. If my original NY LC gets approved in the mean time, Can I apply for I-140 again in Vermont(while the one applied in California is still under processing) . What is the downside of doing this ? I heard from several postings in this form that if you apply for I-140 using an approved LC, there are more chances of delay in processing. I just wanted to do this to be on the safe side.

Please advise!
 
substitute labor

Hi,
I have one quick question about Labor Substitution.
I have already applied for Labor in VSC last year but I'm currently using a substituted approved LC to file my I140 due to delay in Labor processing from Vermont region and take advantage of joint I140 and 485 filing.
In section 4 of I140 there is a questionwitha checkbox Q) Has any immigrant visa petition ever been filed by or on behalf of this person?

Q)Does it mean u have to state u'r own labor processing details??
Can't u go ahead with the substitution and file I140 with the substituted Labor and simultaneously let u'r original Labor processing go through.

Thanks in advance
kewlmarc@yahoo.com
 
Can't use I-140 approval for I-485 filing

You can use your co-worker's Labor cert and start from the I-140 stage (Substitution of Aliens). I-140 approval can not be used for I-485 filing.

Disclaimer:
The writer of this message is not a lawyer and this message is not meant to be legal advice. Before relying on this information, you must consult a lawyer on the facts of your specific case. The Law Offices of Rajiv S. Khanna takes no responsibility for the accuracy of this information.


Regards.
 
Subsitute Labor ?

Hi
I am presently working in CA, and my labor was applied sometime in June2001, but it is still with DOL. SO my lawyer decided to use Subsitute Labor and file for I140 and 485 simultaneously to take advantage of this new rule. My lawyer told me that if we file I140 and 485 concurrently then both will get approved at the same time (after 10 months approx.) , is it true?
Also I asked him a question for which he doesn't have any answer.

Lets assume my I140+485 will get approved simultaneously say after 10 months, so 6months after I apply for 485(with I140), I passed AC21 law, and after that if I got laid off, while my I140 is still pending for approval, am I still eligible for GC according to AC21 law or I have to start my GC process all over again ?
 
That's gray area

INS doesn't exaplain AC21 after i-140 , i-485 concurent filing ruling clearly.

But as my understaning, you need to have i-140 approve and your i-485 filed for 6 months, although ac21 rule doesn't say anything about i-140.

I hope this will help.

JB
 
Re: Can't use I-140 approval for I-485 filing

Originally posted by Shivane Sharma
You can use your co-worker's Labor cert and start from the I-140 stage (Substitution of Aliens). I-140 approval can not be used for I-485 filing.
Click to expand...

Shivane,

I am in same row, one of my co-worker got his labor approved and filed for I-140 and left in midway, Now as my skill matched with him

My question is : Can I used his labor and file entire new I-140, even though same labor approval already used to file I-140 but process didnt go through

Thanks in advance for help in this matter.
 
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