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.
You have to clarify with your employer first regarding the job offer if it still exists or not.
you have to make sure that your employer withdraws the I-140 in case the job offer was cancelled.
No, a person can not have two I-140 filed simultaneously.....One might end up with two different alien numbers (A files) and this could cause a lot of problems.
I work in NY and there are a lot of hiring freeze for nurses. Just make sure the agency you want to work for is legit....
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 approved 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
yes, you can get another i-140 filed if find a new employer who can sponsor it. you won't be able to use your current i-140 with a new employer, they have to file a separate petition, but if your new i-140 gets approved, you will be able to keep the old priority date, even if your old employer decides to revoke your current i-140 now or later. to keep the old priority date you need to submit a copy of your current i-140 approval with your new i-140 petition.
You have to clarify with your employer first regarding the job offer if it still exists or not.
you have to make sure that your employer withdraws the I-140 in case the job offer was cancelled.
You don't have to make sure nothing. If it get's revoked, then the offer does not exist anymore. And I don't see any reason in the world why one in a sound mind would like to make sure that an employer withdraws the I-140.
No, a person can not have two I-140 filed simultaneously.....One might end up with two different alien numbers (A files) and this could cause a lot of problems.
Can you backup your words with any credible source? Or you just guessing?
One person can have a million of I-140's approved, as long as there is a million employers willing to sponsor that worker. And yes, they can do that simultaneously as long as the fee is paid. And I don't know what "a lot of problems" you are talking about.
Yes, you can get another I-140 filed if find a new employer who can sponsor it. You won't be able to use your current I-140 with a new employer, they have to file a separate petition, BUT if your new I-140 gets approved, you will be able to keep the old priority date, even if your old employer decides to revoke your current I-140 now or later. To keep the old priority date you need to submit a copy of your current I-140 approval with your new I-140 petition.
WRONG! where did you got this information?
If an approved I140 is revoked by the employer, you CAN NOT recapture the old priority date. that is the reason I suggested Edwann to make sure it is not revoked.
Old priority dates can only be used if the employer has not revoked the original I140.
that is the trouble i am talking about on filing a 2nd I140 if his immigration lawyer would not be careful about this information.....small things are magnified when one is dealing with the USCIS.
one can file multiple I140's as long as one is not approved and does not intend to use a revoked I140 old Priority Date.
If you are not knowledgeable enough regarding this topic, then I suggest you reply with a toned down post.
My PD date is Dec 2006, and my case has been approved and sent to Dept of state for visa processing, My agency paid my visa bill fee last May 2008 and last week he asked me to fill DS 230 form and send to NVC. he said he will send me a letter which I need to attach to DS 230. Do you think I can download the form in the internet or the form should come from the NVC itself. I thought it there still retrogression. Is that mean I am few steps behind getting a visa?. Thanks
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions,unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest).
(i) Schedule A Labor Certifications. The priority date for a petition supported
by a Schedule A designation, or for a petition approved for a classification which does not require a labor certification, is the date the petition is filed with USCIS.
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
If an approved I140 is revoked by the employer, you CAN NOT recapture the old priority date. that is the reason I suggested Edwann to make sure it is not revoked.
Old priority dates can only be used if the employer has not revoked the original I140.
Actually, here is what you advised:
you have to make sure that your employer withdraws the I-140 in case the job offer was cancelled.
And I'm sorry, no offense but that is the dumbest advice I have ever seen.
one can file multiple I140's as long as one is not approved and does not intend to use a revoked I140 old Priority Date.
That's must be something new in the immigration law:D Please read the citation above
If you are not knowledgeable enough regarding this topic, then I suggest you reply with a toned down post.
You are very knowledgeable, but you can not provide even a single reference to any valid document
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien's priority date is established by the filing of the labor certification, once the alien's Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions,unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest).
(i) Schedule A Labor Certifications. The priority date for a petition supported
by a Schedule A designation, or for a petition approved for a classification which does not require a labor certification, is the date the petition is filed with USCIS.
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
Actually, here is what you advised:
And I'm sorry, no offense but that is the dumbest advice I have ever seen.
That's must be something new in the immigration law:D Please read the citation above
You are very knowledgeable, but you can not provide even a single reference to any valid document
You are welcome! US immigration law is not all black and white, and there are some controversies between policies possible. And because USCIS and DOS websites are not user-friendly as well as the whole immigration process there are a lot of rumors and false believes around it. Try to keep your current I-140 alive regardless of either you get sponsored through this employer of a different one, this will make your immigration journey less complicated.
And I'm sorry, no offense but that is the dumbest advice I have ever seen.
You are very knowledgeable, but you can not provide even a single reference to any valid document
I had less than 5 minutes to reply to your post earlier that is why I asked you first for your reference, I do not see anything wrong with that because you were the first one to object to my post.....Unfortunately, you were not able to produce your reference because NONE EXIST.
and now you are saying my advice is "the dumbest" you have ever seen.....
Allnurses.com exist so that nurses from the US and around the world could communicate and exchange ideas about everything nursing. from NCLEX to immigration to retirement. Nurses are supposed to be educated enough not to use sentences such as "dumbest advice I have ever seen". but I guess are the exception. this is a forum for educated people who knows that this should not be the arena for personal grudges.
Im an Asst Head Nurse in one of the biggest hospitals in NY. Never did I say to my RN's, LPN's and Cna's that their advice is the "dumbest advice" in the event they suggest something. Nor do our Chief Nurse Executive. that is why she is deeply loved....
as a last note, thanks for posting my reference as I did not have enough time to post it this morning.....you should be humble enough to admit you were wrong....
Goodluck to your career.....you would need lots of it
My last post on this. I'm pretty sure that if you had more than five minutes to read my other post you would notice that I provided a link to the document on USCIS website. If you read at least the portion I cited, that hopefully will help you to better understand how the process works.
Maybe you are a better nurse than I am, but I don't see how it makes your position on the immigration issue we are discussing here any stronger. Do you realize that if somebody had listened to your advice that would meant years of extra waiting time for them? Or you don't care? In medicine the major principle is "do not harm", the same is true for immigration. And your advice was not just incompetent, it was harmful, although you possibly gave it in a good faith.
And talking about interpersonal communication, I can not imagine a nurse at my hospital who yells "WRONG" to the other nurses (especially in a situation where they had nothing to back up their position with) and then asks "What are your sources?" . You were talking about your leadership skills in your prior post, but besides poor tolerance to other people's opinion, you may also luck another important one - inability to admit when you are wrong. Maybe that's why you did not see the link and two paragraphs of citations I provided earlier. In nursing we call it "ineffective denial", or maybe the policy at your hospital is that an assistant head nurse is always right? If that's the case, I'm glad to inform you that the policy on this forum is different, thanks god.
Yes, you can get another I-140 filed if find a new employer who can sponsor it. You won't be able to use your current I-140 with a new employer, they have to file a separate petition, BUT if your new I-140 gets approved, you will be able to keep the old priority date, even if your old employer decides to revoke your current I-140 now or later. To keep the old priority date you need to submit a copy of your current I-140 approval with your new I-140 petition.
this was your reference from USCIS:
(A) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien's priority date is established by the filing of the labor certification, once the alien's Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest).
--------------
A new I-140 petition from a different employer is clearly a change of employer. An approved I-140 from company A means you are an employee of company A. If company B files for your I-140, then it means you are an employee of company B. Remember that your employer would only file for I-140 AFTER the person signs a contract saying he is going to work for that company.
If that's the case, I'm glad to inform you that the policy on this forum is different, thanks god.
jonRNMD
320 Posts
You have to clarify with your employer first regarding the job offer if it still exists or not.
you have to make sure that your employer withdraws the I-140 in case the job offer was cancelled.
No, a person can not have two I-140 filed simultaneously.....One might end up with two different alien numbers (A files) and this could cause a lot of problems.
I work in NY and there are a lot of hiring freeze for nurses. Just make sure the agency you want to work for is legit....
God bless