I - 140 Petition Inquiry

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Specializes in emeregency room.

My I-140 petition was filed in November, 2007 and it is still pending approval. My friend's I-140 petition was filed in September, 2008 and she received her approval in February, 2009. Both of us are from the Philippines and we went through the consular processing.

I am just wondering why her petition was approved in less than six (6) months while mine is still pending. I thought petitions are approved on a first come first served basis.

Thank you for entertaining my inquiry.

totigatch

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Specializes in Medical and general practice now LTC.

Was her I140 done at the same center as your I140? There are, as far as I am aware, only 2 centers dealing with nurses and they do vary. Either way doesn't matter how quick they are approved your date is 07 so will be processed sooner if a visa is available and yours is done. However I would be your lawyer and questioning why still waiting 15 months after it was filed. The longest I have seen for approval was 18 months

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Specializes in emeregency room.

Thank you for the quick response. Both our I-140 petitions were assigned at TEXAS SERVICE CENTER.

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Chances are that something was missing from the file and your attorney needed to resubmit something.

Was your friend also hired by the same employer? And was it the same attorney that is doing the papers?

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But when the actual petition gets approved at this time really does not matter as the retrogression is still in place and you are both looking at more than 7 years for a chance at a green card. The demand far exceeds the supply.

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Specializes in emeregency room.

My friend and I have different employers. She was hired through an agency in the Philippines who processed her papers. I was directly hired by an employer in New York and I hired an immigration lawyer in New York to process my petition papers.

thank you.

totigatch

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Specializes in Medical surgical.

I got my I 140 approved by applying through a particular health care center.

Now I come to know that my employer is withdrawing their sponsorship for the green card process.So I want to know if I start my process for green card with another employer can I continue with the previously processed I 140? or do I need to start the process all over again?

Please provide me with your suggestions.

Thank you.

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I got my I 140 approved by applying through a particular health care center.

Now I come to know that my employer is withdrawing their sponsorship for the green card process.So I want to know if I start my process for green card with another employer can I continue with the previously processed I 140? or do I need to start the process all over again?

Please provide me with your suggestions.

Thank you.

Unfortunately you would have to start all over since a petition that is not approved yet is tied to the employer and once withdrawn you have no recourse but to start all over and right now I think that is going to be a challenge. When I first moved to Arizona there were so many jobs you could have your pick but that is not the case and most hospitals are on a hiring freeze. I don't think it will last forever but may take a year or two to come around again or until the economy improves.

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I got my I 140 approved by applying through a particular health care center.

Now I come to know that my employer is withdrawing their sponsorship for the green card process.So I want to know if I start my process for green card with another employer can I continue with the previously processed I 140? or do I need to start the process all over again?

Please provide me with your suggestions.

Thank you.

I am sorry for you. I don't think you will be the last. Tough times all around.

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Specializes in Medical surgical.

hi rngrad2006

thanks for your quick response.

one more clarification,

my i-140 got approved, but my employer wants to hold my further green card process since they say there are few more people waiting before me.

i am looking to see if i can make use of this appoved i-140 with some other employer. two questions regarding this

1. is it legal to use the i-140 with some other employer

2. if not will i be able to approach another employer for a new i-140.

thanks

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Edwann,

To my knowledge, the I-140 is employer specific if filed under Consular Processing. AC21 portability (wherein an approved I-140 can be used by an adjustee to change employer if his I-485 is pending for more than 180 days) can only be used when a person filed his I-140 via Adjustment of Status and NOT Consular Processing.

Unfortunately, you have to find another employer......goodluck and God bless

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Specializes in Medical surgical.

Hi jonRNMD,

Thanks for your reply.

I have two quick questions.

1. If I go with another employer will there be any issue in fileing for a new I 140?

2. Can a same person have two I 140 filed?

Thanks.

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