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Two I140 bases on same LC
- Thread starter gcsuffer
- Start date
dwd123 said:You can't. You will need the original certified LC to file I140. If you have used it to file the first I140. You can't file the scond one.
Thanks,
dwd123
That is exactly what my company attorney told me a few weeks ago. It is true. Now, I am waiting again!
Jharkhandi
Registered Users (C)
zbcx123 has done it successfully. It can be done with request of copy of LC. He is a 2004 filer in VSC. Check his signature:gcsuffer said:Can one file 2 I140 bases on the EXACTLY SAME LC? Since the concurrent file I140/I485 takes much longer than we expect, we could file another I140 for CP. We can choose the faster one.
http://www.immigrationportal.com/member.php?u=56698
Jharkhandi
Registered Users (C)
You may also like to check for possible implications(esp if you are EB3 case and anticipate to get affected by retrogression of dates):
http://www.shusterman.com/245-824.html
**********************
U.S. Department of Justice
Immigration and Naturalization Service
HQ70/23.1P
Office of the Executive Associate Commissioner
425 I Street NW
Washington, DC. 20536
August 8, 2000
MEMORANDUM FOR:
All Regional Directors
All Service Center Directors
All District Directors
All Officers In Charge
All Training Academies
FROM:
Michael Cronin [signed by Thomas Cook for Michael Cronin]
Acting Executive Associate Commissioner
Office of Programs
SUBJECT:
Prohibition on Concurrent Pursuit of Adjustment of Status and Consular Processing (AD00-15)
Chapter 23.2 of the Adjudicator's Field Manual, provides guidance on general adjustment of status issues. This memorandum addresses instances where a beneficiary seeks to pursue both adjustment of status and consular processing in order to ensure availability of a visa number.
In Chapter 23 of the Adjudicator's Field Manual, a new section 23.2(1) is added to read as follows:
23.2 General Adjustment of Status Issues.
Concurrent pursuit of adjustment of status and consular Processing.
(1) Background. In 1999, the Service issued policy guidance on when the filing of a Form I-824, Request for Action on an Approved Application or Petition, was appropriate. That guidance advised that a Form I-824 should be filed when the petitioner requests a change in the initial manner of processing noted on the visa petition. It has come to the Service's attention that applicants for Adjustment of Status are also using the Form I-824, or in some cases submitting a duplicate visa petition, to request concurrent consular processing.
The Office of Field Operations and the Office of Programs have reviewed the issue of concurrent pursuit of adjustment of status and consular processing and determined that concurrent pursuit would not be an efficient and effective use of the Service's resources. Further, the pursuit of concurrent filing for adjustment of status and overseas visa processing runs the risk of allocating more than one visa number to the same immigrant.
(2) Guidelines. When an alien with a pending I-485 files a Form I-824 requesting that the visa petition be forwarded to a consulate the alien or the attorney of record will be notified that the I-824 will be treated as a request to withdraw the I-485. In accordance with 8 CFR 103.2(b)(8) the notice will provide the alien a response time in which to advise the Service on how they wish to proceed. The I-485 is to be terminated by written notice if the alien chooses to pursue consular processing or fails to respond within the time granted. This notice will also advise the alien of the termination of any employment authorization granted under 8 CFR 274a.12(c)(9). The I-824 is then to be approved, and the visa petition forwarded to the National Visa Center (NVC) for processing.
Likewise, if the Service receives a "duplicate" immigrant visa petition requesting consular processing, and the alien has a pending I-485, the Service will notify the alien or the attorney of record that the duplicate petition will be treated as a request to withdraw the I-485, as above, provide a response time in which to advise the Service on how they wish to proceed. The I-485 is to be terminated by written notice if the alien wishes to pursue consular processing or fails to timely respond. This notice will advise the alien of the termination of any employment authorization granted under 8 CFR 274a.12(c)(9). The visa petition along with the duplicate is then to be forwarded to the NVC for processing.
http://www.shusterman.com/245-824.html
**********************
U.S. Department of Justice
Immigration and Naturalization Service
HQ70/23.1P
Office of the Executive Associate Commissioner
425 I Street NW
Washington, DC. 20536
August 8, 2000
MEMORANDUM FOR:
All Regional Directors
All Service Center Directors
All District Directors
All Officers In Charge
All Training Academies
FROM:
Michael Cronin [signed by Thomas Cook for Michael Cronin]
Acting Executive Associate Commissioner
Office of Programs
SUBJECT:
Prohibition on Concurrent Pursuit of Adjustment of Status and Consular Processing (AD00-15)
Chapter 23.2 of the Adjudicator's Field Manual, provides guidance on general adjustment of status issues. This memorandum addresses instances where a beneficiary seeks to pursue both adjustment of status and consular processing in order to ensure availability of a visa number.
In Chapter 23 of the Adjudicator's Field Manual, a new section 23.2(1) is added to read as follows:
23.2 General Adjustment of Status Issues.
Concurrent pursuit of adjustment of status and consular Processing.
(1) Background. In 1999, the Service issued policy guidance on when the filing of a Form I-824, Request for Action on an Approved Application or Petition, was appropriate. That guidance advised that a Form I-824 should be filed when the petitioner requests a change in the initial manner of processing noted on the visa petition. It has come to the Service's attention that applicants for Adjustment of Status are also using the Form I-824, or in some cases submitting a duplicate visa petition, to request concurrent consular processing.
The Office of Field Operations and the Office of Programs have reviewed the issue of concurrent pursuit of adjustment of status and consular processing and determined that concurrent pursuit would not be an efficient and effective use of the Service's resources. Further, the pursuit of concurrent filing for adjustment of status and overseas visa processing runs the risk of allocating more than one visa number to the same immigrant.
(2) Guidelines. When an alien with a pending I-485 files a Form I-824 requesting that the visa petition be forwarded to a consulate the alien or the attorney of record will be notified that the I-824 will be treated as a request to withdraw the I-485. In accordance with 8 CFR 103.2(b)(8) the notice will provide the alien a response time in which to advise the Service on how they wish to proceed. The I-485 is to be terminated by written notice if the alien chooses to pursue consular processing or fails to respond within the time granted. This notice will also advise the alien of the termination of any employment authorization granted under 8 CFR 274a.12(c)(9). The I-824 is then to be approved, and the visa petition forwarded to the National Visa Center (NVC) for processing.
Likewise, if the Service receives a "duplicate" immigrant visa petition requesting consular processing, and the alien has a pending I-485, the Service will notify the alien or the attorney of record that the duplicate petition will be treated as a request to withdraw the I-485, as above, provide a response time in which to advise the Service on how they wish to proceed. The I-485 is to be terminated by written notice if the alien wishes to pursue consular processing or fails to timely respond. This notice will advise the alien of the termination of any employment authorization granted under 8 CFR 274a.12(c)(9). The visa petition along with the duplicate is then to be forwarded to the NVC for processing.
Jharkhandi said:You may also like to check for possible implications(esp if you are EB3 case and anticipate to get affected by retrogression of dates):
QUOTE]
I recalled reading www.imminfo.com, the attorney over there said it was ok to do both CP and I485. However, my company attorney insisted in filing I140 with original LC. They won't file another one for me for sure. If it is doable (just file it with a copy LC), I pay it by myself.
My country won't be in the retrogression list. But it is so painful to wait. Now, it has been 8 months since I filed I140/I485.
Jharkhandi said:zbcx123 has done it successfully. It can be done with request of copy of LC. He is a 2004 filer in VSC. Check his signature:
http://www.immigrationportal.com/member.php?u=56698
Jharkhandi,
Does it imply that we can file multiple I-140/485 at different service centers on the base of same LC ? My I-140/485 stuck in NSC for 10 months. Since NSC seems to stopped processing I-140 cases. Can i file I-140/485 at VSC on the same labor? Is it feasible solution?
I appreciate your responses.