140 Denied, 485 pending, Filed new 140

[vd_sarkar]

Here is the detail of my problem.
- Labor Jan 2005
- Substitute 140 Filed June 2007
- 485 filed 14 Aug 2007 (On pending 140)
- Nov 2007, my own labor approved
- Jan 2008 RFE on Substitute 140 (Qualification not valid)
- Filled new 140 on my own labor in March 2008
- Replied to Sub 140 RFE
- Sub 140 rejected in Apr 2008
- 485 is still pending.
- My own labor approved in Nov 2008


My attorney is saying that USCIS check if any other 140 is pending, they do not deny or reject 485 but switch 485 to pending/approved 140.

Is this true? Can this happen?

 

[ybhuskute]

I am in the same boat, except that my new I140 was approved. Did you get any answer to your question? Can 485 be switched to an approved 140?
ybhuskute@yahoo.com

Thanks for any replies.