sunty
09-23 04:28 PM
Whats also surprising is that number of pending EB1(India) applications is far less than expected. That would definately help EB2(India) in the spill-over (quarterly or yearly)
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sc3
08-20 07:39 PM
Dear Mr. <insert ombudsman's name here>,
SUB: Visa allocation for employment based third preference workers
I am one of the thousands of employment based third category worker waiting for the priority dates to be current since many years. As you must be well aware that the backlog for EB3 category, and in particular for the Indian chargeability category has been lagging behind by almost 7 years, part of which is due to heavy subscription for the category.
All through the years, heavy demand in EB3 category was in part alleviated by the spill-over visas from other categories. This was mainly due to unused visas in employment based first category, and to a lesser extent from employment based second category. For FY2008, the long standing spill-over utilization rules seems to have been changed, resulting in a drastic reduction of visas available to EB3 category.
While I am not aware of an official guidance or a memo that details the impetus behind the change, it is widely accepted in the immigrant community that AC21 legislation played a major role in the change of rules.
The immigrant community is confused by this new reading as the confluence of AC21 along with pre-existing legislations does not make the spill-over of EB1 into EB3 disappear. AC21 legislations clarifies that the visa numbers in one category must have no consumers within the same category before it be released for use by other category. That is any number within EB2 will not be granted to EB3 unless there is no demand with EB2 for that number [Do we need this additional clarification?].
Spill-over from EB1 is dictated by the original text of section <$insert section here>, which seems to state that both Eb2 and EB3 should simultaneously benefit from the additional numbers. This reading is supported by the hypothesis that the EB5 spill-over which is mentioned in EB1 has not further mention in EB2 or EB3, but still the numbers from EB5 spills further down into EB2 and EB3 when Eb1 does not fully utilize the numbers.
Furthermore, in the Visa bulletin for July 2008, it is mentioned that the spill-over numbers are required to be assigned to the longest pending case first. I assume, though not explicitly stated, that this assumes per-country caps to be reached first.
Given the current trend in the priority dates for EB3, it is very clear that the spill-over from EB1 is being denied for EB3 preference, and this is causing tremendous hardships to people who have been waiting for long periods of time. I am sure that you agree that waiting for 7 years for a green card is extremely unfortunate.
I hope you to hear back about your views on the spill-over allocation, and hopefully see some action that will alter the spill-over rules to allocate unused EB1 numbers to alleviate the wait times being seen by employment based third preference workers.
Thanking you,
Sincerely
SUB: Visa allocation for employment based third preference workers
I am one of the thousands of employment based third category worker waiting for the priority dates to be current since many years. As you must be well aware that the backlog for EB3 category, and in particular for the Indian chargeability category has been lagging behind by almost 7 years, part of which is due to heavy subscription for the category.
All through the years, heavy demand in EB3 category was in part alleviated by the spill-over visas from other categories. This was mainly due to unused visas in employment based first category, and to a lesser extent from employment based second category. For FY2008, the long standing spill-over utilization rules seems to have been changed, resulting in a drastic reduction of visas available to EB3 category.
While I am not aware of an official guidance or a memo that details the impetus behind the change, it is widely accepted in the immigrant community that AC21 legislation played a major role in the change of rules.
The immigrant community is confused by this new reading as the confluence of AC21 along with pre-existing legislations does not make the spill-over of EB1 into EB3 disappear. AC21 legislations clarifies that the visa numbers in one category must have no consumers within the same category before it be released for use by other category. That is any number within EB2 will not be granted to EB3 unless there is no demand with EB2 for that number [Do we need this additional clarification?].
Spill-over from EB1 is dictated by the original text of section <$insert section here>, which seems to state that both Eb2 and EB3 should simultaneously benefit from the additional numbers. This reading is supported by the hypothesis that the EB5 spill-over which is mentioned in EB1 has not further mention in EB2 or EB3, but still the numbers from EB5 spills further down into EB2 and EB3 when Eb1 does not fully utilize the numbers.
Furthermore, in the Visa bulletin for July 2008, it is mentioned that the spill-over numbers are required to be assigned to the longest pending case first. I assume, though not explicitly stated, that this assumes per-country caps to be reached first.
Given the current trend in the priority dates for EB3, it is very clear that the spill-over from EB1 is being denied for EB3 preference, and this is causing tremendous hardships to people who have been waiting for long periods of time. I am sure that you agree that waiting for 7 years for a green card is extremely unfortunate.
I hope you to hear back about your views on the spill-over allocation, and hopefully see some action that will alter the spill-over rules to allocate unused EB1 numbers to alleviate the wait times being seen by employment based third preference workers.
Thanking you,
Sincerely
NKR
08-07 10:26 AM
But what if it is successful... What will happen then...
Then you will get GC faster though you had cut the GC line. What else...
Then you will get GC faster though you had cut the GC line. What else...
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GCBy3000
06-18 02:46 PM
Did you check the CP instead of AOS. I dont know the interview date now.
can i get her here on tourist visa and file for I485...my H1B extension is in process. the lawyer said it may take 4 months.. it was filed 15 days ago...
gautam
can i get her here on tourist visa and file for I485...my H1B extension is in process. the lawyer said it may take 4 months.. it was filed 15 days ago...
gautam
more...
Desertfox
03-24 03:31 PM
-------------------------------------
Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
-------------------------------------
It is illegal... On I-9 it clearly says that an employer can not deny employment because of an expiry date on a valid work authorization document. This makes sense, since the employer does not have any authority to check for this candidate's ability to renew the authorization, neither the candidate is obligated to share that information. Per DHS & DOL once you have valid EAD, you are good to go! I am curious though who should be responsible for educating these employers!:confused:
Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
-------------------------------------
It is illegal... On I-9 it clearly says that an employer can not deny employment because of an expiry date on a valid work authorization document. This makes sense, since the employer does not have any authority to check for this candidate's ability to renew the authorization, neither the candidate is obligated to share that information. Per DHS & DOL once you have valid EAD, you are good to go! I am curious though who should be responsible for educating these employers!:confused:
hoolahoous
08-17 12:54 PM
I got email for decision/post decision about a week back but no CPO email yet.
more...
vbkris77
04-01 11:38 AM
Don't drag me into this.. It is totally cool if you want get information from multiple sources.. IV intention is not to provide news updates..
IV is a platform for fixing legal immigration.. That takes money to do that.. So there various innovative ways an organization can try get money to reach its goals.. This is one way..
I support and understand this initiate and hence I am writing in Donor forum..
I am not sure if u were born as an idiot or became an idiot after being turning a so called "donor".
To be frank I stopped contributing as and when IV started having donor forums.
There are thousands of websites and forums througout the internet to get info and what VKBris posted may not even come close to what Q and Teddy and so many others used to share as a group.
Now coming on to freebies,What benefit does IV provide to past contributors.I have contributed in the past, have been active at the initial stages,have spent my own money and booked airtickets to meet senators.Been a leader in a state chapter.But later realised that it was not worth for this forum which has partitions among so called donors.
Why the heck does any one want to see in a home page about posts on a donor forum.Just hide it and keep it among yourself and discuss .
Now red may follow,and a possible ban.
IV is a platform for fixing legal immigration.. That takes money to do that.. So there various innovative ways an organization can try get money to reach its goals.. This is one way..
I support and understand this initiate and hence I am writing in Donor forum..
I am not sure if u were born as an idiot or became an idiot after being turning a so called "donor".
To be frank I stopped contributing as and when IV started having donor forums.
There are thousands of websites and forums througout the internet to get info and what VKBris posted may not even come close to what Q and Teddy and so many others used to share as a group.
Now coming on to freebies,What benefit does IV provide to past contributors.I have contributed in the past, have been active at the initial stages,have spent my own money and booked airtickets to meet senators.Been a leader in a state chapter.But later realised that it was not worth for this forum which has partitions among so called donors.
Why the heck does any one want to see in a home page about posts on a donor forum.Just hide it and keep it among yourself and discuss .
Now red may follow,and a possible ban.
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AreWeThereYet
09-13 12:33 PM
It is the bulletin month as specified in the original post regarding the stream line email. In this case, it can either be September or October, as you are current in both months and the bulletin is already published for October.
Arewethereyet,
In the email that you send to the streamline address, in the subject we have to write it in the format "I-485/MM". THe document says we have to write the month for "MM" but does not say whether the month is priority date month or the month that your PD will be current. What did you write?
Thanks.
Arewethereyet,
In the email that you send to the streamline address, in the subject we have to write it in the format "I-485/MM". THe document says we have to write the month for "MM" but does not say whether the month is priority date month or the month that your PD will be current. What did you write?
Thanks.
more...
CADude
10-12 03:20 PM
My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
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nixstor
07-10 08:02 PM
sorry i was wrong.....i deleted my post delete yours too
They are talking about 7 Eleven conversion to kwik E mart. Looks like you got the wrong piece of information. Now talking about all things Indian and went as far as Joe Biden's 7-Eleven/Dunkin remarks. possibly time to ping Paula John for morrow evening
They are talking about 7 Eleven conversion to kwik E mart. Looks like you got the wrong piece of information. Now talking about all things Indian and went as far as Joe Biden's 7-Eleven/Dunkin remarks. possibly time to ping Paula John for morrow evening
more...
vls
05-14 04:20 PM
I am a dependent of my husband's process - my PD is now current, is it possible to switch and have an I-485 application where I am the primary applicant and he is the dependent, so we do not depend on his company anymore?
I do not want to take anyone's else opportunity by getting another A#, just want to know if there is a way to switch the roles.
Thanks!
I do not want to take anyone's else opportunity by getting another A#, just want to know if there is a way to switch the roles.
Thanks!
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MCQ
11-12 12:18 PM
For more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html
gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
How wrong we were.
I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.
The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.
That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.
Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.
The things for anyone to take away from my experience are.
1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001
2. Document everything - to prove that you acted in Good Faith throughout the process.
Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)
3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.
4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.
Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.
GOOD LUCK
gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
How wrong we were.
I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.
The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.
That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.
Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.
The things for anyone to take away from my experience are.
1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001
2. Document everything - to prove that you acted in Good Faith throughout the process.
Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)
3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.
4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.
Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.
GOOD LUCK
more...
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gangadhargs
11-08 04:54 PM
I also sent the letters. Just now received a standard form reply which asks me to go to uscis.gov or call the customer service center if I have any questions about my case. It seems that they did not realize that the letter I sent was not about "my" case but about an issue that is affecting everybody. It seems like they did not even read our letters!!
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lotsofspace
01-24 02:22 PM
....................
For those in South ( Texas, Oklahoma, New Mexico, Louisiana) best way to go to India is new Emirates direct flight between Houston and Dubai and then onward to India.
I have had 3-4 friends fly this route since they started flying in November 2007 and they have nothing but praise for everything. These guys have excellent food and entertainment and no transit visa hassels plus duty free sopping in Dubai is good.
Pluse - they put you up in a hotel if your Dubai layover is more than 8 hrs (for economy class passengers) and you get a free transit visa to visit Dubai. During my last trip to Bangalore, I went via Dubai (NYC - Dubai direct flight) and on my way back we had 11 hrs layover. My wife and I got a chance to see the city. Next time we are going to India we are planning on staying for a few days and go for their desert camp trip.
I have heard pretty good things about the emirates in the past. I was considering it for my next trip.
But a friend of mine traveled Emirates recently (Dec 07). His flight (and few other flights) from Dubai to India got canceled. He had to wait in the airport for 24 hours and some people for 48 hours for the next flight. That was not bad, he had to wait in line for 10 hours (yes, I am not joking) to get his booking for the next day. They did not provide the accommodation to any one. He says they were not even sorry that this happened.
He says all the passengers slept in the corridors like how they do in busy bus stand platforms. It was unbelievable but true.
I never flew Air India, Never through England. Hopefully never will. Thanks a lot OP for posting your experience. The Koh-hi-Noor comment was a kicker :)
For those in South ( Texas, Oklahoma, New Mexico, Louisiana) best way to go to India is new Emirates direct flight between Houston and Dubai and then onward to India.
I have had 3-4 friends fly this route since they started flying in November 2007 and they have nothing but praise for everything. These guys have excellent food and entertainment and no transit visa hassels plus duty free sopping in Dubai is good.
Pluse - they put you up in a hotel if your Dubai layover is more than 8 hrs (for economy class passengers) and you get a free transit visa to visit Dubai. During my last trip to Bangalore, I went via Dubai (NYC - Dubai direct flight) and on my way back we had 11 hrs layover. My wife and I got a chance to see the city. Next time we are going to India we are planning on staying for a few days and go for their desert camp trip.
I have heard pretty good things about the emirates in the past. I was considering it for my next trip.
But a friend of mine traveled Emirates recently (Dec 07). His flight (and few other flights) from Dubai to India got canceled. He had to wait in the airport for 24 hours and some people for 48 hours for the next flight. That was not bad, he had to wait in line for 10 hours (yes, I am not joking) to get his booking for the next day. They did not provide the accommodation to any one. He says they were not even sorry that this happened.
He says all the passengers slept in the corridors like how they do in busy bus stand platforms. It was unbelievable but true.
I never flew Air India, Never through England. Hopefully never will. Thanks a lot OP for posting your experience. The Koh-hi-Noor comment was a kicker :)
more...
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gc4me
05-23 09:15 AM
Nonimmigrant Visa Number: is this the contraol number of H1B stamping?
From first stamping or last one?
My last one I got from state department by mail. The 'psot' is mentioned as 'DEPARTMENT'. So if the control# from the last visa, then
'Consulate Where Visa Was Issued' will be what? Department?
Reply pls.
From first stamping or last one?
My last one I got from state department by mail. The 'psot' is mentioned as 'DEPARTMENT'. So if the control# from the last visa, then
'Consulate Where Visa Was Issued' will be what? Department?
Reply pls.
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anilkumar0902
08-17 03:40 PM
I just found this old post about ADIT and it should clear any doubts..
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21012-what-is-adit-processing-in-gc-process.html
Enjoy..
Cheers
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21012-what-is-adit-processing-in-gc-process.html
Enjoy..
Cheers
more...
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abhis0
09-16 06:26 PM
My I-140 approved by NSC and my I-485 now pending with NSC. No Texas listed. :D
Good for you buddy...Congrats....
Good for you buddy...Congrats....
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unseenguy
06-19 01:29 AM
Here is your post on 6/15/2009 @ 4.49pm
http://immigrationvoice.org/forum/showpost.php?p=352619&postcount=82
See the words in RED BOLD font. They highlight you mentioning the word "REFERENCE". Kapish?!
Maybe you should check on your eyesight. And while you're at it, get your head examined as well... memory loss is an early sign of onset of senility.
Dick head, as I said check your reading comprehension skills. I am sure you will flunk it. Agreed reference was in my post but you have diluted the whole meaning of my post. Great that you are a perfectionist who reads words carefully.
You just picked up one words in my post and diluted the whole meaning of it. Cant imagine where chutiyas like you come from.
I am sure you are some lowly developer under threat from off shore vendors and hence desperate to see their backs off you by hook or crook.
http://immigrationvoice.org/forum/showpost.php?p=352619&postcount=82
See the words in RED BOLD font. They highlight you mentioning the word "REFERENCE". Kapish?!
Maybe you should check on your eyesight. And while you're at it, get your head examined as well... memory loss is an early sign of onset of senility.
Dick head, as I said check your reading comprehension skills. I am sure you will flunk it. Agreed reference was in my post but you have diluted the whole meaning of my post. Great that you are a perfectionist who reads words carefully.
You just picked up one words in my post and diluted the whole meaning of it. Cant imagine where chutiyas like you come from.
I am sure you are some lowly developer under threat from off shore vendors and hence desperate to see their backs off you by hook or crook.
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ourgcapproved
08-13 06:56 PM
Finally Got Email with GOLDEN WORDS.CARD is Under PRODUCTION.
GOddluck For all of You!
Congrats Bro!
GOddluck For all of You!
Congrats Bro!
hebbar77
01-25 08:06 PM
take ur stop either in asia or arab! you will be fine
dreamworld
09-24 09:52 AM
In essence what the memo seems to state is that I can have another employer file an I-140 petition, and if approved, simply substitute the I-140 in my existing I-485.
Is that right?
jazz
Not to my understanding.
I believe you can do interafiling if you have two approved i140 from the same employer and you have a pending 485 and the later 140's PD is current.
Is that right?
jazz
Not to my understanding.
I believe you can do interafiling if you have two approved i140 from the same employer and you have a pending 485 and the later 140's PD is current.
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