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zxc1251
08-09-2011, 11:40 AM
Is it possible to do premium processing (or expedite the case) in this situation?

My friends case details.

EB2 - India.

Dec 2004 - Green card Labor filled (Old type not PERM) (Priority Date)

July 2007 - I-140 filled (LCA was certified in June 2007)

March 2009 - I-140 denied (for ability to pay)

May 2009 - MTR filled

Feb 2010 - New I-140 filed with original old labor certification (possible with old LC)

No update on either old or new I-140 up until now.

We recently talked with lawyer and he is suggesting that we withdraw old I-140 MTR that was denied and then file premium processing for new I-140 that was filled in 2010.

Is it possible (or good way to go with this application?)

We would highly appreciate any advise on this case.

Thank you.