Two I-140; one approved; should I withdraw the other?

J

joelly

Registered Users (C)
Everyone!!

I face a dilemma.

On Oct.2006, I filed concurrently I-140 & I-485 requesting EB2. On Jan.2007, I get an RFE which suggest me to file under EB3 instead of EB2.

On Feb.2007, my lawyer replied the RFE saying that we agree with uscis to file under EB3.

In addition, my lawyer file a second I-140 requesting EB2. Her strategy was if uscis deny the second I-140 then we just go and appeal.

On Mar.2007, we receive an approval on my first I-140 under EB2. :D

Now, my lawyer suggest to withdraw the second I-140.

My concern is as follows:
1. Is this a good idea to withdraw the second I-140?
2. Will this affect my already-approved I-140?
3. How will this affect my I-485 which I already filed concurrently in Oct.2006?

Pls gurus, help me! :(
Thank you so much!
 
Its for my paystub and W2.
Also, a suggestion that I should apply under EB3.
Later they approve this under EB2.
Do you know if I should withdraw the second I-140?
 
Do you mean you filed two exactly same I-140 under EB2?
Does your lawyer think it is OK to file two same I-140 ?

I filed NIW-140 to NSC. I found some mistake in the petition letter, so I sent a withdrawal letter to NSC. After one month, the status is till not changed. I refiled NIW-140,and it went to TSC. In fact, I have 2 NIW-140 even though I have sent out the withdrawal letter. I am little bit worry about USCIS won't allow to have 2 I-140 under the same catagory. Will they stop processing my second NIW-140 if they found my NIW-140 pending in NSC?

Please advise. Many thanks.


joelly said:
Everyone!!

I face a dilemma.

On Oct.2006, I filed concurrently I-140 & I-485 requesting EB2. On Jan.2007, I get an RFE which suggest me to file under EB3 instead of EB2.

On Feb.2007, my lawyer replied the RFE saying that we agree with uscis to file under EB3.

In addition, my lawyer file a second I-140 requesting EB2. Her strategy was if uscis deny the second I-140 then we just go and appeal.

On Mar.2007, we receive an approval on my first I-140 under EB2. :D

Now, my lawyer suggest to withdraw the second I-140.

My concern is as follows:
1. Is this a good idea to withdraw the second I-140?
2. Will this affect my already-approved I-140?
3. How will this affect my I-485 which I already filed concurrently in Oct.2006?

Pls gurus, help me! :(
Thank you so much!
Click to expand...
 
Last edited by a moderator:
In my case, we file I-140 and I-485 (EB2) in Oct.2006. Then, an RFE came in Jan.2007 suggesting that we should apply under EB3 instead. So, then my lawyer suggest me to agree with uscis but at the same time we sent another I-140 requesting EB2. Her strategy was that if uscis deny the second I-140 I can appeal it, but my first I-140 will already be approved even its under EB3. You follow me, so far?

Then in Mar.2007, I received an approval for my first I-140 and the uscis approve it under EB2. Isn't that unbelievable? Both my lawyer and I was delighted about it.

So, now the second I-140 still pending but the uscis already assign a receipt no. for it.

The first I-140 already been approved and now I am still waiting for I-485 to be approved. I filed them concurrently back in Oct.2006.
 
septin,
Your case is completely different from mine because you sent your I-140s to different service center. I always sent mine to TSC because thats where the uscis assign my case to.
If I'm not mistaken your case # will be different because one is from NSC and the other is from TSC. Since you already sent a withdrawal letter, I won't worry about it because its not your fault if they don't act on your letter.
Have you consult a lawyer?
 
I-140 Qn

Say, I have an approved I-140 from former company A which they have not revoked.

If I port the PD of the first one and get a new I-140 with current company B, can I keep both I-140s active OR do I have to withdraw one of them ?

Can anyone share their opinion ?

Thank You.
 
filing two i-140 from same company same job title different salary

Hi All,
I my I-140 denied due to ability to pay by TSC EB3. Can I appeal that I1-40 and also file another I-140 with a labor subs with a lower salary which has chances to be approved. Also how can i extend my h1-b for 9th year?
Please suggest
 
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