Seeking Advice ..

[malsa]

Hi All,

Case Details :
I-140
RD : 07/09/2003
EB3
Labor Sub
No RFE

When I applied for my I-140 my company's HR dept said they don't file Labor Sub cases concurrently. They have explicitly mentioned the reason for not filing Concurrent is that if I-140 is denied they will lose the filing fees for I-485. They think Labor sub cases have a greater chance of resulting in I-140 being denied. They file concurrently if it is a Regular Labor case.

After waiting for 13 months, I contacted them again last week about filing my I-485. Now they say that they are not really concerned about losing filing fees but nonetheless they would not file my I-485 at this stage. The reason sited now is that if my I-140 is denied my I-485 would also be denied. And they think having a denied I-485 is not a good thing. According to them, it would make it difficult to file any subsequent petitions (not sure why they would be filing anymore petitions on my behalf !!).

Are they being truthful ? Or are they just biding time ?

I am already on my 7th year extension. I would need to apply for a 8 th year extension in a few months. Any advice on what is the best course of action ?

Thanks

 

[disney2k]

Hi,

Looks like you're company is buying time by delaying 485 filling.

Since your 140 is still pending, you should be eligible for filing 8th year extension, provided you stay with the same employer.

Again, for CSC, currently it looks like all 140 approvals are delayed way too much. If you apply 485 now it may/could delay your 140 approval too.

For filing 485 you don't need company's help, If you're very keen, you could file it yourself thru a diffrent/same lawyer. Then you may have too bear the cost.

Hope it helps.