PDA

View Full Version : I-140 rfe


ss777
07-26-2011, 06:38 PM
I have a pending I-140 in EB3 at NSC from 2004. After few years of waiting for its approval, we filed another I-140 in EB3 (PD-2005, approved), followed by a third I-140 in EB2 in 2011. The third EB2 I-140 was approved and has 2005 PD.
My lawyer and myself made attempts to interfile I-485 which probably triggered RFE on my first I-140 (from 2004). The RFE is simple and is easy to answer. But I do not see benefit in doing so as I already have a EB2 140 with current PD.
Do you think withdrawing the pending I-140 is a good option?

easygoer
07-27-2011, 05:58 AM
I have a pending I-140 in EB3 at NSC from 2004. After few years of waiting for its approval, we filed another I-140 in EB3 (PD-2005, approved), followed by a third I-140 in EB2 in 2011. The third EB2 I-140 was approved and has 2005 PD.
My lawyer and myself made attempts to interfile I-485 which probably triggered RFE on my first I-140 (from 2004). The RFE is simple and is easy to answer. But I do not see benefit in doing so as I already have a EB2 140 with current PD.
Do you think withdrawing the pending I-140 is a good option?

Yes, withdrawing old I-140 is better option. I did that for EB3 I-140 when my EB2 I-140 got approved. There was no harm on EB2 application and subsequently I got my Green card.