Immigration Attorney Nyc
Q: I would really appreciate any replies to the following situation. I have two green cards applications being processed. One from BOSTON and the other from Newyork. I am already into I140 stage with the BOSTON. I am in EB3 category in BOSTON as my LAWYER SCREWED UP BIG time. Priority dates for both the applications is: Jan 13 1998. Only today I received a call from my lawyer saying We have instructions to place an add for the Newyork labor certification. I was wondering if I can do the following 1: Make sure (by ammending the labor process in NY) that I get into EB2 category in Newyork 2: Once the BOSTON I140 gets approved for application, use that I140 with the NY gc application ?????? Can I do this ? MY 6yr LIMIT EXPIRES THIS DECEMBER.
A: I'm afraid you will be stuck with the Boston case as your New York lawyer screwed up much worse. He didn't file your case with the RIR procedure, which means that the NY LC won't get approved for a long time yet. I'd rather doubt that it would be anywhere close to December. You'd then have to get another I-140 for New York; you can't switch the underlying LC for an I-140. You may yet have a chance, although it's a long shot: hope that DOL comes out with the new procedure called PERM soon. Once that is out, there may be a chance of getting an LC in 30 days or so. But you'd still need the I-140.