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.
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
you cannot use your approved i-140 for another employer, it was specific to your present one. but you can retain your pd for the next approved petition. once an i-140 is approved, you get to keep the pd for any subsequent i-140 petitions. i have come across many nurses on cp on this forum and other web-sites who have done this. the law is the same for aos and cp applicants.
I am reiterating my previous statements. One can use an approved I-140 unless revoked by the employer. the I140 is employer specific and an approved I140 can always be revoked by the the employer. If this is the case, the Priority Date can not be used
this came from Murthy, an well known US immigration lawyer:
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Question: If one has an approved I-140 in EB3 from the current employer, can this priority date be captured to file a new EB2 in PERM by another employer?
Answer: The general rule is that this is certainly possible as long as the prior employer does not revoke or cancel the earlier LC and the I-140 petition approval. This is requested at the I-140 stage. Aug-28-2006.
Kosmonavt
118 Posts
I would suggest you to take a reading class for beginners, where they can teach you the meaning of coma, period, and semicolon :chuckle
Also, I've noticed from your prior posts that you also have some problems with logic. Sorry, you are not worth my time.