NSC Policy on Filing Multiple I-140 Petitions Based on the Same Labor Certification

In a case where an appeal of an I-140 is filed, and subsequently the parties file a second I-140 based on the same labor certification, official USCIS policy is to hold and not process the second I-140 until the AAO makes a decision on the appealed I-140. The Nebraska Service Center confirmed that it will follow this policy rather than denying the second I-140. It makes no difference if the second I-140 is filed in the same or in a different I-140 category than the first I-140, NSC will not process the second filing until the first I-140 and original labor certification is returned to the NSC by the AAO. Thus, a delayed decision on the second I-140 based on the same labor certification is likely while awating an AAO decision on the appeal.

Source: AILA InfoNet Doc. No. 08121970 (posted Dec. 19, 2008)