100moorkha
New Member
I have filed an I-485 in EB2 category. My EB1 just got approved. I have received conflicting answers from 2 different attorneys:
One of them states that transfering my I-485 application from the EB 2 to EB 1 is 'only theoretical' and that I should file a new I-485 for the EB-1
Another attorney stated that there are unofficial guidlines that one cannot file more than 1 I-485 application in the same category while the other is pending and that I can just send a letter to the Service Center with a copy of the new approved I-140 requesting them to transfer the I-485 to the EB-1 category
Anybody else with experience/information regarding this issue? Thanks in advance.
_______________________________
PD 9/25/2003
EB2 I140 approval date 12/7/2004 with PD 9/25/2003
I-485 filing date 6/1/2007
FP - 8/13/2007
EAD - Approved 8/28/2007
AP - Approved 9/4/2007
EB1A - Approved 11/7/2007 with PD of 5/7/2007
Nationality - India
One of them states that transfering my I-485 application from the EB 2 to EB 1 is 'only theoretical' and that I should file a new I-485 for the EB-1
Another attorney stated that there are unofficial guidlines that one cannot file more than 1 I-485 application in the same category while the other is pending and that I can just send a letter to the Service Center with a copy of the new approved I-140 requesting them to transfer the I-485 to the EB-1 category
Anybody else with experience/information regarding this issue? Thanks in advance.
_______________________________
PD 9/25/2003
EB2 I140 approval date 12/7/2004 with PD 9/25/2003
I-485 filing date 6/1/2007
FP - 8/13/2007
EAD - Approved 8/28/2007
AP - Approved 9/4/2007
EB1A - Approved 11/7/2007 with PD of 5/7/2007
Nationality - India