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2nd 140 ... to continue or withdraw?

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  • 2nd 140 ... to continue or withdraw?

    My previous employer got 140 approved with PD of 2002 and filed 485 in 2007.

    The current employer got the labor approved with PD of 2007 and filed 140 in Jan'08, which is still in process.

    Now I heard from my friends that some times USCIS links our 485 with the latest 140 (PD 2007) instead of old 140 (PD 2002), and it takes hell lot of time and money to get it corrected.

    Now shall I ask current employer to withdraw the 140 or shall I continue with it?

    your inputs are highly appreciated. Thanks in advance.

  • #2
    I don't know what exactly you want to know and do.

    Your friends are wrong.

    Is the previous I-140 EB-3 and the new one with your current employer EB-2?

    No need to withdraw your current employer's I-140.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Both are EB3.

      Now I need suggestions on whether to continue the new 140 or withdraw it.

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      • #4
        Your current employer should have used the PD from your old labor to file your I140 now. PD can be ported.

        The PD on the new application remains what it is if PD was not specifically asked to be ported by the attorney. Talk to your lawyer.

        Your friends are messing with you.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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