Multiple I-140 processing

[tanishkaa]

Hi,

 

My PERM is currently pending and my spouse's PERM is approved. At the time of I-140 filing

through spouse I would be filing 140 but my question is if my PERM gets approved through my employer,

 

1. Can I file 140 through my employer too? Is there any chances of rejection/void at that time ?

2. At the time of I-485 filing will I need to choose which I-140 I will be considering ?

 

Thanks

[ashuneel]

Where did you get the information that you can file I -140 at the time of I-140 filing through spouse.

Your spouse's employer will file a I -140 for him/her. You do not have any role in this.

Your employer will file I -140 for you after your PERM approval.

 

 1. If PERM is approved I-140 has to be filed within 180 days otherwise PERM is invalid.

2. I -485 should be filed Whenever PD  gets current for either you or your spouse.

[rahul412]

 At the time of I-140 filing

through spouse I would be filing 140 but my question is if my PERM gets approved through my employer,

What exactly mean by that??

[JoeF]

An I-140 isn't files "through spouse". Your I-140 would be separate from your spouse's I-140.

When an I-485 can be filed, the underlying I-140 would be specified there.

[tanishkaa]

I know at the time of I-140 filing for Spouse , I can file as dependent petition with his application. 

But can I file my I-140 through my employer when my PERM gets approved ? In other words , does USCIS allows two I-140

for same person one as employer based and other as family dependent ?

 

So whenever anyone from us has current PD at the time of I-485 filling , need to give only 1 I-140 details and need to withdraw

second I-140 . Is that correct ?

[ashuneel]

You obviuosly do not understand any of the replies posted here. Leave the whole process to you employer/ attorney.

 

If you "know" at the time of I-140 filing for Spouse , you can file as dependent petition with his application why ask the question. BTW I-140 is only filed for the employee not for entire family.

 

Same person can have multiple I-140 petitions. No need to withdraw any petition at I-485 stage. Employer files I-140 so you cannot withdraw anything to start with.

[JoeF]

I know at the time of I-140 filing for Spouse , I can file as dependent petition with his application.

 

No, you don't. Where did you get this idea from?

You obviously don't understand the process. You should consult a good lawyer.

[tanishkaa]

Thanks for reply. My employer is really fussy about my whole GC process. I don't want them to make a stand that if you are getting it through your spouse then they will not proceed with my process. and that is reason why I don't ask to attorney since

attorney always listens to employer.

 

I understand I may not be able understand previous posts and that is reason why I keep asking.

[ashuneel]

Ha Ha Ha!

You understand that you do no not understand.

OK. Your employer is really cheap if he thinks that you can get GC as dependent and he does not have to spend the money. 

[rahul412]

I know at the time of I-140 filing for Spouse , I can file as dependent petition with his application. 

But can I file my I-140 through my employer when my PERM gets approved ? In other words , does USCIS allows two I-140

for same person one as employer based and other as family dependent ?

 

So whenever anyone from us has current PD at the time of I-485 filling , need to give only 1 I-140 details and need to withdraw

second I-140 . Is that correct ?

So how will you work after 6 yrs of H1 if your I140 is not filed??