a question for UN, ginnu and other gurus

aonflux

Registered Users (C)
I have two I-140 petitions approved..
one concurrent EB3 at NSC and one nonconcurrent EB1-EA at VSC which just got approved on the 25th of Oct.
With the EB3 priority date issue becoming a reality, is there any way to substitute the approved concurrent EB3 petition with the EB1-EA petition, so that my 485 still can continue being processed according to the EB1-EA priority date?
Thanks and look forward to replies.
 
aonflux said:
I have two I-140 petitions approved..
one concurrent EB3 at NSC and one nonconcurrent EB1-EA at VSC which just got approved on the 25th of Oct.
With the EB3 priority date issue becoming a reality, is there any way to substitute the approved concurrent EB3 petition with the EB1-EA petition, so that my 485 still can continue being processed according to the EB1-EA priority date?
Thanks and look forward to replies.

Even though you asked only from Gurus, I feel compelled to post something here - bear with me. :rolleyes:

On May 9, 2000, Michael Pearson, Executive Associate Commissioner, Office of Field Operations, issued a Memorandum (“Pearson Memo”) on transferring Section 245 adjustment of status applications to new or subsequent immigrant visa petitions.

The Pearson Memo discusses what happens if the I-485 is already pending when the subsequent petition is approved. The Memo pointed out that a person can substitute an approved I-130 or I-140 Petition with a newly approved petition while the adjustment application is pending, as long as the priority date is current at the time the substitution is effected.
 
And something more, please bear again:

Updated 06/19/00: New Rule on Replacement of Underlying I-130 or I-140 for Pending 485

The INS HQ revised its policy on this rule liberalizing replacement of the underlying petition without affecting the pending I-485. This new policy was released in the legally binding Memorandum dated 05/09/00 and reflected in the Adjudication Manual for the 485 adjudicators throughout the country and overseas posts. The following is a summary of the Memo:
Preconditions for Replacement: Two conditions must be satisfied:
(1) The previous approved I-130 or I-140 should be valid and not have been "revoked" or "denied" at the time of request for replacement.
(2) The priority date for the replacement new or subsequent petition must be "current." Accordingly, people cannot request replacement when the priority date is retrogressed and become "not current" for the replacement petition. Very important to remember for Chinese and Indians.
Replacement Request Deadline: It can be filed until I-485 is adjudicated (approved or denied). Besides, should he/she merits, a motion to reopen or reconsider can be filed within 30 days of 485 adjudication and request such replacement.
Types of Immigrant Petitions Eligible for Replacement: Existing and a new or subsequent immigrant petitions do not have to be in the same categories or preferences. I-130 can be replaced by I-140, and I-140 can be replaced by I-130, without affecting pending I-485. I-360 for Religous Worker Special Immigrant Petition can be replaced by either I-130 or I-140 or vice versa. However, when the underlying petitions cross between two different types or preferences, the priority dates cannot be transferred between the two different petitions. Very important to remember. As people know, priority dates can be transferred between different categories within the Employment-Based Immigrant Petitions. The same is not true when people cross over to or from other petitions. Underlying Philosophy of the New Rule: The Memo states: "While the intent to work for the petitioning employer is a requirement for approval of the I-485, there is no legal requirement that the beneficiary of an approved employment-based visa petition work for the sponsoring employer before receiving permanent residence status. In addition, the transferring of the I-485 adjustment case can be in both the Service's and the alien's interest. If the transfer request is credible and justified, the alien is not gaining a benefit that he or she is not eligible for, especially when no change in the visa category is involved. In such cases, by allowing the transfer of adjustment cases to an eligible family or employment-based petition the Service is saving itself time and work."

****************************************

Now decide yourself if you are really good to go? :rolleyes:
 
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unitednations said:
So what was your conclusion.
You are being uselessly offensive. Painting blue looks funny.

Read first post again to find the context. Don't feel offended if you don't know the correct direction.
 
now I am confused.
From what i have read and what UN says I can switch petitions ..
I wanted to find out before I email my lawyer -- who knows what he will say.
Thanks.
 
Un

I spoke to my lawyer -- he said it would happen AUOTMATICALLY even if both cases are filed at separate service centers that they would pick up the necessary I-140 when the I-485 was ready for adjudication. he seemed so casual about it ..
 
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