Everson m
Apr 24, 2023
I-140 approved and AOS not applied yet
dear all , someone had passing for this situation ?
detail :
my CASE: eb2 niw
PD : august/22
case approved: Dec/22 (only i-140)
immigration status: STEM OPT F1
:
i had my i-140 approved in december/22, while i apllied only for i140( not cuncurrent process ) i was saving money to apply for me and my wife the AOS, but now as the new visa bulleting is only for feb/22 im not able to aplly for AOS
question:
if i apllied only i140 and got approval notice , will i need to do via consular the process considering the AOS is not possiblefoe while.
i140 can expire or be revocated if i take no action ?such as aplly the process via consular ?
thank you for all advice #I140 #Eb2niw
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J AApr 24, 2023
Based on your facts the i-140 can be revoked by the employer but in your case you are self petitioning so it is not a problem. There is no point in doing consular processing because they will interview you based on the visa bulletin so no schedule until your PD is current. It would advisable to continue stem OPT and wait for PD to be current.
Artur DApr 24, 2023
@J A EB2NIW is a self petition. There is no employer.
J AApr 24, 2023
@Artur D please read i elaborated it in my post “but in your case you are self petitioning”
Artur DApr 24, 2023
@J A my bad, sorry
Everson mApr 25, 2023
@J A thabk you sir !
it means that in my case there is no problem if my i140 have no moviments while im wait for my PD to be current, right ? it won expire or canceled by uscis due no action from my side, right ?
thank you again
J AApr 25, 2023
I would advise consulting an attorney on your case but in my opinion there is no expiration for an i-140
Fernando TelloMay 7, 2023
I140s do not expire once approved
Robby GzzMay 30, 2023
congratulations. did you apply yourself or with an attorney? can you recommend me an attorney?
