Which I-140 to use for 485....PLEASE ADVISE

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rocky_rock

Registered Users (C)
Have a question - I have a pending I-140 (PD 11/2004) and a approved I-140 (PD 11/2005). Since both are from same employers, I can use only one I-140 for filing 485......If I chose the approved one, I am risking the fact that if dates retrogress after 2-3 months, then I have to wait longer for GC.....If I choose pending one, then I am risking it being approved or not.......Please advise which one to use?
 
rocky_rock said:
Have a question - I have a pending I-140 (PD 11/2004) and a approved I-140 (PD 11/2005). Since both are from same employers, I can use only one I-140 for filing 485......If I chose the approved one, I am risking the fact that if dates retrogress after 2-3 months, then I have to wait longer for GC.....If I choose pending one, then I am risking it being approved or not.......Please advise which one to use?
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If I were you, I will spend $1K to pp the pending I140. At the mean time, prepare all the necessary documents for the I485. By the time you see a decision for your pp I140, you can choose which I140 to file on July 1, 07.

Take a look at the recent processing time. Looks like the I140 at either TSC and NSC (for EB3) are going backward.
 
belacut said:
If I were you, I will spend $1K to pp the pending I140. At the mean time, prepare all the necessary documents for the I485. By the time you see a decision for your pp I140, you can choose which I140 to file on July 1, 07.

Take a look at the recent processing time. Looks like the I140 at either TSC and NSC (for EB3) are going backward.
Click to expand...

Thanks for your reply... Both of mine I-140 are EB-2. How long do u think premium processing will take? Also can we change employers as soon receiving EAD?
 
You're supposed to wait at least 180 days after filing the I-485 before changing employers. When you get the EAD you can change jobs immediately if you want, but if it's less than 180 days then the employer can revoke the I-140 and cause your I-485 to be denied.
 
rocky_rock said:
Thanks for your reply... Both of mine I-140 are EB-2. How long do u think premium processing will take? Also can we change employers as soon receiving EAD?
Click to expand...

PP will need 15 days to make the decision. If they REF you, it will take another 15 days. (Services level guaranteed)
 
belacut said:
If I were you, I will spend $1K to pp the pending I140. At the mean time, prepare all the necessary documents for the I485. By the time you see a decision for your pp I140, you can choose which I140 to file on July 1, 07.

Take a look at the recent processing time. Looks like the I140 at either TSC and NSC (for EB3) are going backward.
Click to expand...

My lawyer says I can file 485 with the approved I-140 and then when the pending I-140 gets approved, I can link the pending 485 with the newly approved I-140.
1. Is this possible?
2. My pending I-140 and 485 are from different law firms. Do we have to file 485 with the same law firm as I-140?
 
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