Clarification needed on I-140 Processing process

[smartgirl2k4]

Hi ,

I'm a L1-B visa holder.I'm in US from December 2005.I got my perm approved this FEB 2008 and applied for I-140 in MAY 2008 in EB3 category.I applied for my L1-B extension this June and got a RFE in July.I have responded to RFE last week.I belive there is a high probability of my L1-B extension getting rejection.So if incase it gets rejected ,here are my questions?

1)will this impact my I-140?

2)Will my I-140 also get rejected immediately?

3)if i go back to india , how long should i wait to apply another L1-B again?

4)What are the possibilities of getting my new L1-B also rejected since i already will have a record of rejection in this case?

5)Also if i come in a new visa , will my I-140 still valid?

6)My prirority date is Feb 5 2008 , how long do you think it would take to process my I140 in EB3 category.Any experiences or suggestion ..please advise

Awaiting replies

[txh1b]

1. No
2. No
3. No wait
4. Depends on why it was rejected.
5. I140 is for future employment. As long as the employment for that job exists, GC can move forward.
6. I140 processing has no bearing on the EB category.

[smartgirl2k4]

Thanks...

Hi ,

Thanks for the prompt replies to my questions...
i have not seen any other forums with instant replies like this.
One more quick question...
You mentioned that I140 has no bearing on the EB3 Category.
1)Then since i filed my I140 petition case in May 23rd 2008 how long do you think it will take to get approved approximately....
2)Should I be in USA in a valid visa if my I140 gets approved and neeed to file my I485.oR CAN i file my I485 petition being in India.

[txh1b]

1. Check the processing time for your service center. There is not set timing.
2. You cannot file I485 just because the I140 is approved. You should wait for your PD to be current. Based on the current PD date of 2001 for EB3, you seem to be too far away.

You need to read about What Adjustment of status is and what CP is to understand what filing I485 is about. Spend time on the Greencard page of immihelp and read it.