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Please Help Ron. Question Regarding Pp I140

Discussion in 'Nonimmigrant Visa Validity' started by BeTheChange, May 13, 2016.

  1. BeTheChange

    BeTheChange New Member

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    Hi Ron,

    Little background about my case. I am from India, have a US Masters degree and currently in 5th yr of H1B visa. H1B slated to expire in Sep 2017.

    My labor (PERM) got certified this week. My employer is pushing for regular I140 application which takes close to 6-8 months for an outcome. I would like my employer to file premium I140 so that before start of 6th year I would know the outcome. What are the drawbacks of going for regular processing? How can I convince my employer to file PP I140?

    I am afraid if my I140 petition gets filed under regular and gets denied or gets RFE then I would be stuck with my employer for long as I would not have much bandwidth to change employer and file my GC in time to request H1B extension.

    My spouse is from a country for which priority date is current for both EB2 and EB3. My employer knows that if my I140 gets approved quickly I will apply for I485, invoke cross-charge-ability and get GC in no time.

    My questions
    1. Is it advisable to go for concurrent filing (I140 and I485) if my employer insists on regular I140 processing?
    2. Can my employer revoke my I140 petition for any reason if filing concurrently?
    3. Would attorney require permission from my employer to upgrade my I140 petition to premium from regular processing if I am ready to pay for PP?
    4. What happens to I485 application if I140 gets denied during concurrent filing?
    5. How long does it take for USCIS to respond to answered I140 RFEs?
    6. If I140 gets denied in regular processing after 8 months. Would labor certification which has a validity of 180 days be still valid for re-filing I140?


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