Urgent, please help; 140 with two LC approved

C

cr52401

Registered Users (C)
Hi,
I got my 140 approved with the Perm LC aproval with PD, May 2005. I had the same case with the same company LC pending with BLC center with PD of Oct, 2003.
Can some one help me if I can refile 140 or recapture the PD with the BLC approval?? :confused: :confused: :confused:
 
Same boat but with different employers.

I am also in the same boat but with different employers. Anyonw pls. give us some advise. :confused:
 
different employers tons possible, same emloyer risky

but can try when filling need to explain and it would depend on the officers mood as I doubt if anything to cover this scenario in the rules exist today, this is like trying to get the best of both worlds, many people will end up in your situation of same employer BEC and PERM, was your BEC approved
koppu said:
I am also in the same boat but with different employers. Anyonw pls. give us some advise. :confused:
Click to expand...
 
No, my BEC with my current employer is not yet approved. But the folks applied one month before me are getting approvals now. I applied in Dec 2003. The current PERM one which got approved was applied just 4months back. Also do you mean when filing 485 with the PERM application right?
 
I took a risk.

nato said:
but can try when filling need to explain and it would depend on the officers mood as I doubt if anything to cover this scenario in the rules exist today, this is like trying to get the best of both worlds, many people will end up in your situation of same employer BEC and PERM, was your BEC approved
Click to expand...

I have both approval from perm and BC. I already applied for another 140 with saying that I already have an 140 approved. Lets see what happens. I wish it goes just fine. By law I did not anything regarding this matter. :)
 
cr52401 said:
I have both approval from perm and BC. I already applied for another 140 with saying that I already have an 140 approved. Lets see what happens. I wish it goes just fine. By law I did not anything regarding this matter. :)
Click to expand...

What you did is right. You will not lose anything for this refilled.
If USCIS accepts the refill, you PD will move up.
If USCIS does not accept the refill, you still have your old I140 approval.
But be carefull to state in the cover letter to make sure that you tell the TRUE.
 
newbies said:
What you did is right. You will not lose anything for this refilled.
If USCIS accepts the refill, you PD will move up.
If USCIS does not accept the refill, you still have your old I140 approval.
But be carefull to state in the cover letter to make sure that you tell the TRUE.
Click to expand...

Thank you for your advise. I will keep up guys updated about my situation. It may help alot of people like me in the same boat. This is something new and we will find out. :) :)
 
I have a friend in a similar situation, albeit earlier in the process. His labor is currently pending at BEC with PD 12/2001 (RIR, was denied by error - sent in to reinstate case - but that's for another thread). Even though he has more than 5 years experience, the lawyer didn't document this on the LC forms (job requirement), hence he's currently EB3.

Now the question is if he should go for PERM as EB2, and then file i140 as EB3 using old LC to lock in the PD, then file the other i140 to be upgraded to EB2 and maintain the old PD.

The whole thing would be done through the same employer. Is that possible?

Should he wait until old labor is approved and then move forward with PERM upgrading effort, or should he just do the PERM now, and then try another 140 with the old PD?

Thanks.
 
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