Q: Filing a Duplicate I-140 Premium Processing Petition in Texas
I submitted my I-140 petition with Premium Processing to the Nebraska Service Center in December. It has been 45 days, and I have received no feedback or updates, with no clear processing timelines available.
Since I live in Nebraska’s jurisdiction but have a job offer falling under Texas jurisdiction, I’d like to know if I can file a duplicate I-140 petition with Premium Processing in Texas. My goal is to see which petition gets processed faster, and once one is approved, I would withdraw the duplicate.
Could this approach cause any issues with USCIS, such as status complications or potential concerns about having duplicate petitions? Would this strategy be considered a violation in any way, or is it a reasonable course of action?
Thank you in advance for your guidance.
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A:
Filing duplicate I-140 petitions simultaneously is legally permissible, and many applicants choose this approach when facing processing delays. Premium processing at different service centers can indeed lead to varying processing times, potentially expediting your case through whichever center moves faster.
While USCIS allows concurrent I-140 filings, you should ensure both petitions are identical in content to avoid raising red flags. It's crucial to promptly withdraw the pending petition once you receive approval from either service center. Keep detailed records of both filings and maintain clear communication with your employer about this strategy, as they'll need to be involved in the duplicate filing process.
However, consider that this approach requires paying additional premium processing fees, and there's no guarantee the Texas Service Center will process your petition more quickly than Nebraska. Before proceeding, you might want to reach out to USCIS through their contact center about your current pending petition, as sometimes this can help identify any underlying issues causing the delay. The choice ultimately depends on how urgently you need the approval and whether the potential benefits outweigh the extra costs involved.
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