HI,
Wondering if anybody can comment on what should I do in this case:
My husband's Labor Certificate priority date is Mar 2005, and the I-140 was approved, and filed I-485 at Jun 2007 (Nebrastka center ) when it was open. But now the priority date is retrogressed back to Apr 2004 , so that his I-485 can not be certified.
My company also applied Labor Certificate whith Priority Date of Oct 2001. But due to various reason, the I-140 for my case was not approved untill Sept 2007.
My attorney said since his case already filed, ask my decision if I want to file mine. HIs attorney said once filed, the priority date is not important anymore, thus mine will be processed after his even though my priority date is much early than his. So we decided not to file mine, instead my attorney suggested to inter-file my I-140 into my husband's I-485 so that can move his priority date ahead. But we filed my I-140 into his case, but my husband's priority date is still Mar 2005.
Now we are in diamma of what to do, can you comment:
1. Should I ask my attorney to file seperate case based on I-140 ? My attorney said, by the time it filed, if DOL see there is A number already, they will request us to withdraw one... which one should be withdrawed? Do you know how long it might take like my case ( Oct 2001 ) if file it now? BTW, is there any expiration of I-140 ?
2. Or should just wait and see. Or maybe do request to replace my husband's case with my priority date? Is this possible at all? Also, my hus's attorney said it doesn't good, or might corrupt the case if we inqury the case with no reason, even with the reason like why my priority date can not be added to my husband's priority date.. I am not sure if it is just an excute not to do extra work, or it is true...
Thanks alot for any input!
Wondering if anybody can comment on what should I do in this case:
My husband's Labor Certificate priority date is Mar 2005, and the I-140 was approved, and filed I-485 at Jun 2007 (Nebrastka center ) when it was open. But now the priority date is retrogressed back to Apr 2004 , so that his I-485 can not be certified.
My company also applied Labor Certificate whith Priority Date of Oct 2001. But due to various reason, the I-140 for my case was not approved untill Sept 2007.
My attorney said since his case already filed, ask my decision if I want to file mine. HIs attorney said once filed, the priority date is not important anymore, thus mine will be processed after his even though my priority date is much early than his. So we decided not to file mine, instead my attorney suggested to inter-file my I-140 into my husband's I-485 so that can move his priority date ahead. But we filed my I-140 into his case, but my husband's priority date is still Mar 2005.
Now we are in diamma of what to do, can you comment:
1. Should I ask my attorney to file seperate case based on I-140 ? My attorney said, by the time it filed, if DOL see there is A number already, they will request us to withdraw one... which one should be withdrawed? Do you know how long it might take like my case ( Oct 2001 ) if file it now? BTW, is there any expiration of I-140 ?
2. Or should just wait and see. Or maybe do request to replace my husband's case with my priority date? Is this possible at all? Also, my hus's attorney said it doesn't good, or might corrupt the case if we inqury the case with no reason, even with the reason like why my priority date can not be added to my husband's priority date.. I am not sure if it is just an excute not to do extra work, or it is true...
Thanks alot for any input!