I concurrently filed I-140 EB-2 NIW and I-485 (July 2005) and got my I-140 approved.
Problem: Priority dates for India EB-2 NIW retrogressed. No visa number available.
Thus filed another I-140 EB-1 Extra Ordinary Ability. Also approved.
Now trying to transfer my pending I-485 to subsequently approved EB-1 I-140 since Visa Numbers are available in this category.
There is a Pearson's Memo according to which under Section 245 it is possible.
The memo comes as an attachment to Chapter 23 Section 23.2(k) of Adjudicators Field Manual[/U]. I sent 2 letters to Paul NOvak asking to link my pending I-485 to my newly approved EB-1 I-140, nothing happened. Called on phone twice, no one knows such a rule exists and always suggested me to file a new I-485 on basis of new EB-1 I-140.
Wrote 2 more letters lately attaching a copy of Pearson's Memo and higlighting the law, still nothing happened.
I was wondering if people in similar situations like me trying to get GC by transferring their pending I-485 to subsequently approved I-140 would be kind enough to reply and share their sucess or failures and what resorts they ultimately took to get GC.
Thanks,
HAS ANYBODY EVER BEEN ABLE TO GET THE TRANSFER DONE IN VSC
I HAVE ATTACHED PEARSON'S MEMO ALONG WITH THIS MESSAGE. THE ONE I SENT TO INS ALONG WITH MY TRANSFER REQUESTS.. CAN U READ IT AND LET ME KNOW IF IT IS AUTHENTIC AND CAN SUCH KIND OF TRANSFER BE MADE.
Problem: Priority dates for India EB-2 NIW retrogressed. No visa number available.
Thus filed another I-140 EB-1 Extra Ordinary Ability. Also approved.
Now trying to transfer my pending I-485 to subsequently approved EB-1 I-140 since Visa Numbers are available in this category.
There is a Pearson's Memo according to which under Section 245 it is possible.
The memo comes as an attachment to Chapter 23 Section 23.2(k) of Adjudicators Field Manual[/U]. I sent 2 letters to Paul NOvak asking to link my pending I-485 to my newly approved EB-1 I-140, nothing happened. Called on phone twice, no one knows such a rule exists and always suggested me to file a new I-485 on basis of new EB-1 I-140.
Wrote 2 more letters lately attaching a copy of Pearson's Memo and higlighting the law, still nothing happened.
I was wondering if people in similar situations like me trying to get GC by transferring their pending I-485 to subsequently approved I-140 would be kind enough to reply and share their sucess or failures and what resorts they ultimately took to get GC.
Thanks,
HAS ANYBODY EVER BEEN ABLE TO GET THE TRANSFER DONE IN VSC
I HAVE ATTACHED PEARSON'S MEMO ALONG WITH THIS MESSAGE. THE ONE I SENT TO INS ALONG WITH MY TRANSFER REQUESTS.. CAN U READ IT AND LET ME KNOW IF IT IS AUTHENTIC AND CAN SUCH KIND OF TRANSFER BE MADE.
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