Form I-140

Multiple I-140 filings

Question details

Our community member spring09 says:

Hi Rajiv,
Thanks in advance. I have an question and keeping me up during nights.
I am working on H1 with comp A, who has filed for my I-140 in Feb-08.
And I also have an Approved I-140 ( Jul'07), have filed for I-485 and also have EAD from company B. I have never used my EAD from comp B, nor have I worked for comp B.
Could there be any issues, which I should be prepared for? As I know it is legal to file for more than one I-140.

Thanks again.

As to possible issues, I can probably write a book. Generally speaking, you can have as many I-140's as you like as long each is motivated by a genuine desire to accept a job before or upon approval of the green card. As to your specific situation, consult your lawyers if they feel there is any problem. I hope this helps you sleep better.

Employers and Employees -- H-1 or EAD?

Question details

Considering that the economy is not doing that good and sometimes projects get over and consultants go on "bench" without any clients kinda situation, this is something not that uncommon. Related to this, as being on a H1B requires me to maintain the LCA salary as mentioned on my W2, would switching to EAD with my sponsoring employer help with getting away from this restriction?

Does that also mean that if I don't get paid by my employer for a certain period and I am on an EAD, there is no issue with my GC/status at all as there is no H1B.

Just trying to find out what the possible advantages would be at this time with EAD.

 There are two situations to analyze here: being benched and getting paid a lower salary. Both of them have problematic implications for employers and employees.

Here is what concerns me. As far as I know, it has never been done so far, but the possible consequences of being benched are that the I-485 can be denied and (POSSIBLY, but there are strong arguments against it) I-140 could be revoked if already approved. If I-140 is not approved, USCIS could easily deny the I-140.

I-140 Immigrant Petition for Alien Worker

What is an I-140 Petition?

An I-140 petition, or Immigrant Petition for Alien Worker, is filed to petition an alien worker to become a permanent resident in the United States. The employer must file an I-140 Petition on your behalf within 180 days from the date your Labor Certification is approved by the U. S. Department of Labor. An I-140 Petition may be filed without a Labor Certification where the beneficiary qualifies under EB-1 classification.

Green Card

I-140 RFE Pertaining to Employer's Change in Location

In a case dating back to 2001, Petitioner eventually moved his office to a location greater than 50 miles from the address of the original office listed on the Form ETA-750. In 2008, USCIS issued an RFE requesting Petitioner to submit evidence showing that the new location is still within the same metropolitan statistical area (SMSA) as the original location. While Government Data and distance may suggest the two locations are not within the same SMSA, we created a new and original argument enabling the Petitioner to obtain I-140 approval.

Green Card

I-140 RFEs Requesting Petitioner to Demonstrate Ability to Pay All I-140 Beneficiaries, H-1s, L-1s, etc.

In recent months Service has issued I-140 RFEs requesting Petitioner to demonstrate ability to pay all immigrant and non-immigrant petitions in specified windows of time. For one client, this entailed analysis of approximately 150 petitions including H-1s (new, transfers, and extensions), L-1s, and I-140s. With detailed explanations of each petition, our firm was able to obtain I-140 approval within one week.

Green Card

I-140 Denial Based Upon Three Year Degree Issue

A beneficiary had two three-year bachelor degrees from India and consequently his I-140 petition was denied on the grounds that the beneficiary did not have a four-year bachelor's degree. We were retained after the denial. Our firm was successful in appealing and winning in less than one month. Of course, this case had unique facts. We cannot assume that all three-year degree cases will go trough this smoothly.

Green Card

I-140 RFE Based Upon Three Year Degree Issue

We were hired to respond to an RFE. Client filed an EB2 I-140, where the PERM Petition required a Bachelor's and 5 years of experience. The client received an RFE in which USCIS argued the Beneficiary's degree, a Bachelor's in Commerce from India, equates to a 3-year degree and cannot be considered for an EB2 case. The Beneficiary possessed a four year Bachelor's Degree, however, this was not clearly established on his Degree. The client obtained his BS in Commerce before India switched to a standard 3-year program for his particular degree.

Green Card

Form I-140

We were called upon to correct a situation. USCIS sent an RFE stating that the degree and field of study did not match with the labor certification requirements. The I-140 beneficiary had a degree in agricultural science. The employer's requirement in the labor certification was a BS degree in Computer Science, Engineering, and Mathematics.

Status
We were able to show the USCIS that the beneficiary's agricultural degree was a Bachelors degree that had components relating to the degree requirements of the labor certification. We obtained the I-140 approval.

Green Card

Guestbook Entry for Harpal Singh , United States

Name
Harpal Singh
Country
United States
State
TN
Comment

I had somewhat complex case.
Firstly, My company lawyer made some blunder and on the top of that i physically relocated to different state during my pending I-140 case.
With these complexities, I came to Mr. Khanna for seeking help to resolve these issues.

I received complex queries by INS for my 140 and Mr. Khanna prepared a technically sound reply and send to INS, and with that, we got 140 approval notice next day without any further query.

We are really very thankful to Mr. Rajiv Khanna & Ms. Heather for their expertise & guidance.

Thanks
Harpal