Anybody With Success In Interfilling With Niw And Rir/perm

F

faith123

Registered Users (C)
Hi guy's,

I recently got my 485 approved. Since I never been on J1 they interlink my niw 485 with my RIR/PERM 140 ( which I was not sure they will do) and that's how it got approved.

Now my question is - do I have to ask INS to withdraw my NIW or just keep quiet ?

Back in mind I am worried that now they will realise this 485 from NIW and will take way my GC. Like some others I am paranoid too.
 
Interlink

CONGRATS, DID YOU ASK THEM OR THEY DID IT AT THEIR OWN WHICH CENTER , RU A PHYSICIAN, CAN i HAVE YOUR EMAIL PLZ
 
Pd

Hi jak65,


Sorry for delayed response.

My PD was nov/04.Any question pl ask me in this forum I will try to reply them here .Take care.
 
Eb2

Hi lalala,

I got half of your post , I am not able to see full post in my computer. I filed EB2 and I am from non retro country.

Take care.
 
thanks

thanks for the reply, the question
1. did you have to send any documents or the lawyer just made a request for the interfiling,
2. how much time did the whole process take between sending the request and the 485 approval
( the good part for you is that you are not from retro country, because i am given to understand that you cant interfile if the PD is not current( Dont know if some one else has had a different experience)
 
question about interfiling

I have pending I-484 based on approved NIW I-140, which will not be adjusted till 2010 now I got I-140 approved which I had filed on the the basis of perm I also filed this one concurrently
My question is if I request to file this I-140 to previous I-485 and since the hospital I am working for is having finacial problems and you don t get and recipt notice for interrfiling , how I will be able to prove AC 21 ?
2nd question when the 6 months period count form from the recipt date or Notice date?
 
probably just request

hI lalalala,

I think my attorney just send a request for interfilling.

It didn,t take long .After my I 140 approval ( oct 3rd ) attorney ask for interfilling and I got approval in a month. Since I am from non retro country, probably it helped.
 
Thank You

Hi JAY2005,
Thank you.

I am from non retro country and I don't think there is any specific procedure for interfilling .After your I 140 approval your attorney has to ask to interfille 140 with pending 485.Provided that you never been on J1 before.

All the best.
 
485 transfer question

Recently my PERM I-140 was approved. I have sent a letter to NSC requesting the transfer of my I-485 (based on approved NIW physician) to PERM I-140. I sent the letter few days ago, and the LUD on 485 has not chnaged so far.

According to Pearson Memo, if the PD of I-140 is "current" for the visa number availability, then I-485 can be transferred to subsequent approved I-140. The transfer is NOT possible if the PD of I-140 is NOT "current" for visa number availability. The memo says that the PD [of I-485] may not be transferred to another preference catagory ( I assume like if the transfer is from, as an example, from EB3 to EB1. But Not sure what it really means).

Now, the hypothetical question arises: when should the count begin if the beneficiary would like to invoke 485 Portability Act (which reuires I-485 should be pending for more than 180 days), if 485 was originally filed with NIW and later it was transferred to PERM I-140 ???
 
Googler1234

Did you do it through an attorney, I ma a similar situation
thats a million dollar question that what will happen to AC21 and 2nd quetsion is what will happen to NIW petion ginnu is a guru here see his post here he think ac21 will apply but I have one concern NIW if is pending more that 180 days its not uscis fault it cna not be adjusted till 5 yeras so I dont think it soes not fit in to Ac 21 which is based on prolonged adjudictaion
let me know if you find something different
 
Googler1234

Did you do it through an attorney, I am in similar situation
thats a million dollar question that what will happen to AC21 and 2nd quetsion is what will happen to NIW petion ginnu is a guru here see his post here he think ac21 will apply but I have one concern NIW if is pending more that 180 days its not uscis fault it cna not be adjusted till 5 yeras so I dont think it soes not fit in to Ac 21 which is based on prolonged adjudictaion
let me know if you find something different
 
485 transfer and AC21

iak65 said:
Did you do it through an attorney, I am in similar situation
thats a million dollar question that what will happen to AC21 and 2nd quetsion is what will happen to NIW petion ginnu is a guru here see his post here he think ac21 will apply but I have one concern NIW if is pending more that 180 days its not uscis fault it cna not be adjusted till 5 yeras so I dont think it soes not fit in to Ac 21 which is based on prolonged adjudictaion
let me know if you find something different
Click to expand...

I have an attorney who did the PERM and H1B, but the rest I am doing myself.

I am not sure about the AC21 Question. I feel that AC21 rule should be applicable to 485 which was transferred from NIW to PERM I-140. Since the PD of 485 (which was originally filed with NIW), is actually the RD/ND after the transfer to PERM I-140, I would then assume that the AC21 count should begin from ND/RD.

The answer to NIW question appears straight forward. As long as you have employment in MUA and you have an approved NIW 140 from each employer, you can claim your Adjustment of Status anytime after you have completed aggregate 5 years in 6 years period of time and submit all evidence like W2s and Employment Letters. If you have already completed 5 years, it will then make sense to link 485 to NIW 140. But if you still have many years left for NIW requirement and PERM is approved subsequently, then it will be best to link 485 to PERM 140.

In my case 485 RD is 3/05, and after the TRANSFER to PERM, I hoping that the PD should become CURRENT leading to an immediate adjudication. This is what I requested in my letter to USCIS

Now, I have been wondering if I should send Second 485 with my PERM 140, for back purpose. But then I fear that the USCIS will come back to me and say that since you have filed Second 485, the first one should be considered abandoned and I will lose my PD from the first 485. However, the advantage of sending Second 485 will be, that I will be able to claim AC21 without much complication later on, should the situation arise. Has this happned to anyone before??
 
googler1234 said:
I have an attorney who did the PERM and H1B, but the rest I am doing myself.

I am not sure about the AC21 Question. I feel that AC21 rule should be applicable to 485 which was transferred from NIW to PERM I-140. Since the PD of 485 (which was originally filed with NIW), is actually the RD/ND after the transfer to PERM I-140, I would then assume that the AC21 count should begin from ND/RD.

The answer to NIW question appears straight forward. As long as you have employment in MUA and you have an approved NIW 140 from each employer, you can claim your Adjustment of Status anytime after you have completed aggregate 5 years in 6 years period of time and submit all evidence like W2s and Employment Letters. If you have already completed 5 years, it will then make sense to link 485 to NIW 140. But if you still have many years left for NIW requirement and PERM is approved subsequently, then it will be best to link 485 to PERM 140.

In my case 485 RD is 3/05, and after the TRANSFER to PERM, I hoping that the PD should become CURRENT leading to an immediate adjudication. This is what I requested in my letter to USCIS

Now, I have been wondering if I should send Second 485 with my PERM 140, for back purpose. But then I fear that the USCIS will come back to me and say that since you have filed Second 485, the first one should be considered abandoned and I will lose my PD from the first 485. However, the advantage of sending Second 485 will be, that I will be able to claim AC21 without much complication later on, should the situation arise. Has this happned to anyone before??[/QUOte
I have 1.5 years left in NIW. Now after waiting for more than 5 months after 3 transfer request VSC I have decided to go ahead and file a 2nd 485. Atleast I know that after 180 days I can clearly invoke Ac21 and donot have a restriction to work in underserved area.
Click to expand...
 
farsheedj said:
googler1234 said:
I I have 1.5 years left in NIW. Now after waiting for more than 5 months after 3 transfer request VSC I have decided to go ahead and file a 2nd 485. Atleast I know that after 180 days I can clearly invoke Ac21 and donot have a restriction to work in underserved area.
Click to expand...

This is not good. Did you give reference to Perason Memo in your letter? and have you called the USCIS to inquire? Have you done FP and Medical Exam? Has your 485 LUD changed?

I think I will also proceed with Second 485, because 485 PD is 3/06, and it may be adjudicated sooner than waiting for more than 5-6 months for transfer to occur.
Click to expand...
 
PD issue

farsheedj I have 1.5 years left in NIW. Now after waiting for more than 5 months after 3 transfer request VSC I have decided to go ahead and file a 2nd 485. Atleast I know that after 180 days I can clearly invoke Ac21 and donot have a restriction to work in underserved area.[/QUOTE said:
Hello Farsheedj,

What is PD of your PERM 140 and NIW 140?

I have come up with another solution. I actually called the USCIS, and got hold of an officer who knew very little but he advised me to file another 485. He said that the "PD for 485" is actually the "PD of 140".

There is another way to circumvent prolong adjudication. I reviewed the USCIS field Manual for adjudicators and chapter 22.2 (d) states, "if alien is the beneficiary of two (ore more) approved employment-based immigrant petitions, the priority date of the earlier petition may be applied to subsequently-filed employment-based petitions".

Based on this rule, the PERM I-140 should have a PD from earlier approved I-140, which in my case is Nov 2004.

Therefore, I am preparing a motion to request correction of PD of my PERM I-140 (based on this rule). If this gets corrected, then the PD of the second 485 will automatically reset to Nov 2004, after I resubmit the corrected copy of 140. Its worth trying this route. Let me know what you think.
Click to expand...
 
farsheed googler

Are you saying that you requetsed to interfile your I-140 with i-485 and then you send another request and file i-485, I hope it works but I did not understand rationale, my 2nd question is what you meant by sending three request to VSC,
 
frasheed and googler

I have another question if you both can come up with answer I persume you both are phsyicians
suppose 180 days have passed you give your employer a notice to leave the job since we have to give atleast 15-30 day notice to our patient , you did that and now you get adjudicated while in transition period, does that mean every thing is gone , back to square one
You will agree it takes time to get licnse insurance privileges
 
iak65 said:
I have another question if you both can come up with answer I persume you both are phsyicians
suppose 180 days have passed you give your employer a notice to leave the job since we have to give atleast 15-30 day notice to our patient , you did that and now you get adjudicated while in transition period, does that mean every thing is gone , back to square one
You will agree it takes time to get licnse insurance privileges
Click to expand...

Hello iak65,

There are several issues. This is what I think:

First , 180 day count to invoke AC21 actually begins from the Receive Date of 485. When more than 180 days have passed and 485 is pending, the alien is then eligible to invoke AC21 and switch employers. If your 485 is approved before invoking AC21, then you must stay with your sponser for atleast 6-12 months to prevent complications during Naturalization Process.

Second, it appears that the "PD for 485 adjudication" is actually the "PD of 140". When PD becomes current for visa number availability at DOS, the alien may file 485 which will have the same PD as on the 140 approval notice. When this PD becomes "current" on USCIS website for processing, it is only then that it will be finally adjudicated, provided security clearance goes smoothly.

Third, the PD for 140 is actually the date labor cert was originally filed. However, according to INS rules in AFM chapter 22.2 (d), "if an alien is the beneficiary of two (or more) approved employment-based immigrant petitions, the priority of an earlier petition may be applied to all subsequently-filed employment based petitions". Forexample, I had my first NIW 140 filed in 11/04 (PD 11/04), and then I switched jobs and my second NIW was filed in 11/05 (should have PD of 11/04) and approved in 6/06 and USCIS gave me incorrect PD of 11/05, and then later applied for PERM 5/06 and approved in 10/06 and the 140 approved in 11/06 with incorrect PD of 5/06 ( should actually have a PD of 11/04 based on 140 PD portability rule). I am thinking to fight for the PD, which will give me benefit of early adjudication and no worries about retrogression.

Fourth, it appears that transfer of 485 based on NIW 140 to subsequent PERM 140 is a grey area. It should be done according to guidlines published in Micheal Pearson Memo, but I think the USCIS does not act on it. The USCIS Officer I contacted on phone earlier today advised me to file a second 485. I expect the second 485 will have same PD as stated on PERM 140 approval notice (which is 5/06).
 
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