Nebraska Service Center has previously confirmed that it is generally permissible for a petitioner to file multiple I-140 petitions for the same beneficiary based on a single labor certification. However, NSC has now confirmed that its current policy is to hold the second I-140 in abeyance rather than denying it, consistent with the policy stated by USCIS headquarters. NSC has also confirmed that 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 adjudicate the second filing until the I-140 file with the original labor certification is returned to NSC by the AAO.
The net effect is that an appeal on the first I-140 will likely result in delayed adjudication of any subsequently filed I-140 for the same beneficiary based on the same labor certification until the AAO issues a decision on the appeal.