Can I-140 from a concurrently filed case be substituted at a later stage with an approved I-140 ? Anybody in this forum seen this kind of scenario ?
Initially I was interested for CP. Something went wrong while filing and a letter was sent later requesting CP. It took almost 2 years to get I-140 approval. Not sure what happened to my CP option (yet to see a copy of the approval notice). In the meantime my 6 month extension (to complete 6 year stay) was denied because the attorney didn't send appropriate fees. Also RFE for 7th year extension was never responded by the attorney. To save me from out-of-status (before I could run out of 180 days grace period), the attorney filed I-140 (without a copy of LC as my other LC is still pending) and I-485 concurrently. The service center sent an RFE requesting a copy of original labor for the I-140 along with other 485 related RFEs (paystub etc). The attorney sent a copy of the approved I-140 in response to the I-140 RFE. I have no idea how TSC is going to handle my case in this scenario.
I AM REALLY WORRIED NOW.
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First LC Nov 2001 : Still pending
Second LC May 2002 : Approved sometime in Oct 2002
NSC:
First I-140 (based on second LC) : Approved in Oct/2004
TSC:
2nd I-140 (without any LC) : May 2003 (concurrently filed)
I-485 : May 2003 (concurrently filed)
RFE on I-140 : Issued on 10/10/2004 - Copy of original labor
RFE I-485 (Self) : Issued on 10/10/2004 - Medical & Copies of Paystub
RFE I-485 (Spouse) : Issued on 10/10/2004 - Medical & Affidavit of Support
RFE response sent 12/23/04, received by USCIS 12/30/04
I-140 LUD Changed to 01/07/2005, I-485 (both) to 01/04/2005
==============================================
Initially I was interested for CP. Something went wrong while filing and a letter was sent later requesting CP. It took almost 2 years to get I-140 approval. Not sure what happened to my CP option (yet to see a copy of the approval notice). In the meantime my 6 month extension (to complete 6 year stay) was denied because the attorney didn't send appropriate fees. Also RFE for 7th year extension was never responded by the attorney. To save me from out-of-status (before I could run out of 180 days grace period), the attorney filed I-140 (without a copy of LC as my other LC is still pending) and I-485 concurrently. The service center sent an RFE requesting a copy of original labor for the I-140 along with other 485 related RFEs (paystub etc). The attorney sent a copy of the approved I-140 in response to the I-140 RFE. I have no idea how TSC is going to handle my case in this scenario.
I AM REALLY WORRIED NOW.
=============================================
First LC Nov 2001 : Still pending
Second LC May 2002 : Approved sometime in Oct 2002
NSC:
First I-140 (based on second LC) : Approved in Oct/2004
TSC:
2nd I-140 (without any LC) : May 2003 (concurrently filed)
I-485 : May 2003 (concurrently filed)
RFE on I-140 : Issued on 10/10/2004 - Copy of original labor
RFE I-485 (Self) : Issued on 10/10/2004 - Medical & Copies of Paystub
RFE I-485 (Spouse) : Issued on 10/10/2004 - Medical & Affidavit of Support
RFE response sent 12/23/04, received by USCIS 12/30/04
I-140 LUD Changed to 01/07/2005, I-485 (both) to 01/04/2005
==============================================
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