485 substitution NIW with PERM- Pearson Memo

[Indianavictim]

Hardon/J1 victim please advice.

I have a NIW based 485 pending since Nov 2003 at NSC. Its self petetion for 5 years physician Underserve commitment(its 140 is approved 485 cannot get adjudicated till Nov 2007 or latter depends on NIW physicians lawsuit interpretation already decided in Physicians favour).

I just filed PERM in 3/06 approved in 4 weeks, refilled concurrent 140/485 last week of May, & 140 got approved last week of June, with FP already done in 1 week of filling, every thing superfast and amazing. Yet to receive a 45 days letter on my RIR from Indiana filed in oct 2002( smile) I am gonna abonden that any way.

I need advice on Michael Pearson Memo for substituting NIW-485 of 2003 with PERM-485 of May 22, 2006( remember both has now 140 approved).

Advice is not how to interpret the law, but should I ask for request for substitution ?,
Caveate is though my old NIW 140/485 sitting at NSC, the PERM went to TSC( SRC receipts #). Also I am from world wide visa category.
TSC is currently processing 485 any where 4-6 months depends on name check( I should be clear for name check since we got FP at least 3 times since 2003 & now when ever we go their they just take index finger print not all ten FP, & I also saw their screen shot that by putting my index finger on sensor, the screen showed my last EAD picture and 10 FP of both hand.
I was a 2 second glimps cannot tell you more then that what it means a name check or not.

Thanks for reading.

 

[hadron]

Looks like your PERM based case is progressing through the system nicely. Unless worldwide EB-2 gets backlogged, I don't quite see the benefit from substituting in this scenario.

There is no form for substituting. You write a free-form request to the place that holds the I485, explain that you want to replace receipt# X with receipt# Y. As evidence that both are approved, you send copies of both approval notices.