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RFE on I-140 in EB1 , need advice on filing I-140 in EB2

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  • RFE on I-140 in EB1 , need advice on filing I-140 in EB2

    Hello ,

    I have a peculiar situation for which I need your advice .Here are my case details


    My company has file I-140 in the EB1 category with the priority date in 03/2015
    During 04/2015 ,the labor department approved my PERM which was pending with them since 12/2012
    Because my company filed I-140 in the EB1 category we did not file another I 140 (based on my PERM approval) in the EB2 category
    Here is the twist , USCIS has issued an RFE on my I140 (EB1) asking for detailed job responsibilities and Org charts and I have time till 10/15/2015 to respond to the RFE .
    Since the PERM has a 180 day validity I have an opportunity to file another I140 in EB2 category before 9/21/2015 .

    My lawyer is suggesting to file another I140 in EB2 category just to be on the "safe" side in case my 140 in the EB1 category gets denied .


    I would need you suggestions for the following

    Will it impact my 140 in EB1 if I file another 140 in EB2 category ?
    Can I go ahead with filing 140 in EB2 as a backup scenario incase my EB1 is denied ?


    Any suggestion in this regard would be helpful .

    Thanks in advance
    OSR
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