2nd I-140 approved ... now what

G

gondalguru

Registered Users (C)
My second I-140 (PERM) based was approved earlier today. I am in EB-2 india - heavily retrogressed catagory.

Is it possible to transfer my pending i-485 to this newly approved I-140 petition? Can it be done while visa number is not current? I also completed my 3 yrs of J1 waiver requirment last week.

Can I use AC21 provision as now I have I-140 approved and my I-485 (from prior I-140) pending for almost 2 yrs now?
 
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You can transfer an I485 from one approved to another approved I140 (Yates memo 2000). The nebraska regional center tends to ignore such requests, sometimes it takes some congressman input to kick their fat administration a##es into gear.
 
i agree with hadron, the only thing that will need to be clarified is , if the priority date from your NIW/485 is after the current date of filing for EB2/485, will they still let you interfile and secondly will they wait for the date to become current to approve it( right now for EB2 the dates are unavailable till Oct, so other people who dont have the advantage of two 140 , have to wait for the date to become current before filing 485)
discuss it with your attorney and share your experience
 
You maintain the older priority date (if you do a substitution labor cert based I140, that can buy you a PD in the 90s assuming that your employer has a LC for a physician lying around).
 
Thanks guys for your thoughts.

As lalalala said the main question is whether I will be allowed to interfile I-485 even if my PD is not current? I am going to discuss this with my lawyer on monday and will keep u guys posted.
 
Hardon Please advice

Hardon You know my case.
I was always H1B 3 years Medicine residency, 3.5 years with a difficult employer with out getting GC from him. Any way I started working with him 7/2002 not realizing it was a J-1 approved underserved area in Indiana state. After few months not wasting a single day in advertisement we filed RIR from Indiana on October 2, 2002( RD) we never ever received 45 days letter on that case & also I left the original petitioner in Oct 2005 ( He is now friend with me and promised that he never got 45 day letter & will keep the job offer open if I need that RIR in future, which I don’t need now ).

Any way while I was still working with him, myAttorney ask me to also file for NIW as it was underserved location, we did filed for EB2-NIW self petition 140/485 RD
Nov 7, 2003. My 140 got stuck with NSC for 22 months & after involving local Senator got approved on 9/2005( I was very disappointed with the INS regulations as they send me a letter that my 5 years will be done in 9/2010 as I was always H1B rather then 6/2007) I am aware about the Shusterman lawsuit decided in favor of physicians & yet to see any regulations to be implemented.( But I moved out from HPSA Oct 2005).

Due to financial hardship I had to abandon my petitioner employer after pay stubs were as late as 4-6 months. Any way he didn't give me any trouble . I join 20 miles away decent employment as employer being as a Hospital entity( Non- HPSA). Surprisingly INS approved my H1B for 2 years( rather 1 year increment). Filed PERM 3/2006-approve 4/2006. Attorney ask me file PERM based 140/485 again, we did on RD 140/485 5/22/2006( filed at NSC- went to TSC for Bispecialization) 140 got approved on 6/28/2006 from TSC. But on 8/11/06 I got email notification From TSC that my case is transfer to NSC, please see my previous posts I cut & paste that message).

I am not from a retrogressed country & I am not sure what to do next.
Please advice me. I will appreciate personal advice, before I involve Senator to force NSC to process my case.? or just wait & watch. I have fear of repercussion.
Also my receipts are SRC- the case is not at TSC cannot track any thing or LUD’s.
I am aware of M.Pearson Memo but had fear it might case some delay .
 
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