I-485 Interfiling

[snafu]

I had previously filed for I-140 & I-485 (concurrently) in Dec' 03 through company A. I have been getting EADs/APs/Finger print notification regularly.

In joined company B in Dec' 06 and filed for a new I-140 through them (LC - Sept 07). I got the I-140 approval through company B on July 30th 09.

On August 3rd we received an RFE on the first I-140 (filed in Dec '03). The problem is that company A no longer exists and the RFE is about the ability to pay. Company A has state that they will not be responding to the RFE.

If that I-140 is denied, the I-485 will be denied. The questions have are:
a) Can I link my existing I-485 petition to the just approved I-140( from company B)?
b) If the above is possible, will the priority date change to Sept '09 (LC of the approved I-140)?
c) If answer to question b) is 'Yes', is there any way we can retain the old priority date (LC - Feb '02).

Note: The job requirement stated in both the LC's is very similar.

To summarize, I'm looking for ways to to keep my I-485 petition alive (My wife is working on EAD without which she will not be able to work. Her company doesn't hire/file for H1 )

Thanks,
Snafu

 

[hoochie]

Even though this is very possible to do - "If you do an interfile then you automatically get to keep your earlier priority date of Feb 02.". Positively check with an attorney on

See if you are eligible for this since the labor you used to file your original I140 was based on substitute labor.

Good luck, Keep us posted.

Hoochie

 

[snafu]

Even though this is very possible to do - "If you do an interfile then you automatically get to keep your earlier priority date of Feb 02.". Positively check with an attorney on

See if you are eligible for this since the labor you used to file your original I140 was based on substitute labor.

Good luck, Keep us posted.

Hoochie

Thanks, Hoochie. I have sent an email to Mr. Rajiv Khanna's offices and waiting to hear back from them. Will definitely keep you guys posted.

 

[ginnu]

I had previously filed for I-140 & I-485 (concurrently) in Dec' 03 through company A. I have been getting EADs/APs/Finger print notification regularly.

In joined company B in Dec' 06 and filed for a new I-140 through them (LC - Sept 07). I got the I-140 approval through company B on July 30th 09.

On August 3rd we received an RFE on the first I-140 (filed in Dec '03). The problem is that company A no longer exists and the RFE is about the ability to pay. Company A has state that they will not be responding to the RFE.

If that I-140 is denied, the I-485 will be denied.
-----------correct
The questions have are:
a) Can I link my existing I-485 petition to the just approved I-140( from company B)?
-------------------------You can request USCIS to interfile the company B I-140 approval with Pending I-485 reciept number .....and can also send copy of B I-140 approval + job offer letter from B
b) If the above is possible, will the priority date change to Sept '09 (LC of the approved I-140)?
--------------------PD will be the company B LC filing date.
c) If answer to question b) is 'Yes', is there any way we can retain the old priority date (LC - Feb '02).
--------------------------to retain the Old PD you need I-140 approved on the base of old PD.
Note: The job requirement stated in both the LC's is very similar.

To summarize, I'm looking for ways to to keep my I-485 petition alive (My wife is working on EAD without which she will not be able to work. Her company doesn't hire/file for H1 )

Thanks,
Snafu

------------------------------

 

[ginnu]

Even though this is very possible to do - "If you do an interfile then you automatically get to keep your earlier priority date of Feb 02.".
------------------------------If he had his past I-140 approved then only he can retain earlier priority date. if USCIS cancel the past I-140 then he cant retain old PD. His past filed I-140 has RFE and employer is not ready for the reply or company does not exist then that I-140 will be denied and he can’t keep the PD of denied I-140.


Positively check with an attorney on

See if you are eligible for this since the labor you used to file your original I140 was based on substitute labor.

Good luck, Keep us posted.

Hoochie

-------------------

 

[snafu]

Thanks for your response, Ginnu.

That is what I figured. As long as I get to keep the I-485 petition alive, I have no problems. Getting to keep the old priority date is just a bonus.

When I did talk to an attorney (not Mr. Khanna's office), the attorney mentioned that if the RFE on the old I-140 is purely on the basis of ability to pay, then, it is possible to apply for AC-21 and keep the priority date(although unlikely) as all the other conditions are being met (degree, job description etc).

Another question I have is regarding the RFE. Will USCIS accept W-2s from 2003 through 2006 (Although the labor is from 2002, I joined the company in Sept 2003). The company had incurred a loss in 2002. There have been instances where USCIS has denied I-140 stating the losses incurred in 2002. The petitions denied were for LCs applied in the year that the company had incurred losses. I was told that although I have a paycheck for every single day that I worked for the company, USCIS is very likely to deny my case as I do not have any pay-stubs for 2002(was not an employee) and the company has shown a loss for the year 2002.

Please let me know if you guys have either a similar experience or know of any cases where USCIS has approved I-140 under similar conditions.

Thanks

 

[ginnu]

Thanks for your response, Ginnu.

That is what I figured. As long as I get to keep the I-485 petition alive, I have no problems. Getting to keep the old priority date is just a bonus.

When I did talk to an attorney (not Mr. Khanna's office), the attorney mentioned that if the RFE on the old I-140 is purely on the basis of ability to pay, then, it is possible to apply for AC-21 and keep the priority date(although unlikely) as all the other conditions are being met (degree, job description etc).
--------------------------------AC21 may be possible If past I-140 was approved. I will prefer Interfiling second I-140 approval with pending I-485 and also sent job offer letter of present employer.

Another question I have is regarding the RFE. Will USCIS accept W-2s from 2003 through 2006 (Although the labor is from 2002, I joined the company in Sept 2003). The company had incurred a loss in 2002. There have been instances where USCIS has denied I-140 stating the losses incurred in 2002. The petitions denied were for LCs applied in the year that the company had incurred losses. I was told that although I have a paycheck for every single day that I worked for the company, USCIS is very likely to deny my case as I do not have any pay-stubs for 2002(was not an employee) and the company has shown a loss for the year 2002.
-----------------------------Employer must provide what is asked in RFE letter and you wrote that employer is not ready to reply the RFE.
Please let me know if you guys have either a similar experience or know of any cases where USCIS has approved I-140 under similar conditions.

Thanks

------ You filed I-140 with Substitute LC and now have RFE for I-140 and employer not ready to reply RFE. request for Interfiling new approved I-140 with Pending I-485. Interfiling reruest be mady before the USCIS deny the pending I-485. dont wait and send Interfiling request by sending I-485 reciept copy+ Copy of new I-140 approval notice+ Job offer letter of new employer+ Cover letter with your Name, A#, DOB, Pending I-485 reciept# on it and make a request to interfile.

 

[snafu]

------ You filed I-140 with Substitute LC and now have RFE for I-140 and employer not ready to reply RFE. request for Interfiling new approved I-140 with Pending I-485. Interfiling reruest be mady before the USCIS deny the pending I-485. dont wait and send Interfiling request by sending I-485 reciept copy+ Copy of new I-140 approval notice+ Job offer letter of new employer+ Cover letter with your Name, A#, DOB, Pending I-485 reciept# on it and make a request to interfile.

Will do the above as soon as possible. Thanks.