Approved LC with pending NIW I485

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NIW applicant

Registered Users (C)
Hi guys,
I have an approved I140 and pending I485 based on an NIW (csc). My 5 years will be up in August '06.
I expect my labor cert approval in the next month. Does anyone know what is the procedure for me now.....I will file the I140 based on the labor, but cannot file another I485 (only one pending I485 per person is allowed). So do I send in the supporting docs eg medical exam etc with my I140 application, or do I have to wait for labor-based I140 approval and then ask them to substitute my NIW I140 for labor I140 and adjudicate my I485 based on this? (sounds complicated, huh??)
Anyone have a similar experience or information on this, please do share it with me.
Thanks.
 
> but cannot file another I485 (only one pending I485 per person is allowed).

This has actually changed. You can now file more than one I485, but you can only ADJUST under the provisions of one. There used to be a prohibition against multiple I485s to keep people from filing multiple frivolous applications in the hopes of getting one through the big wide cracks in the system, but since the advent of concurrent filing they have done away with this restriction.

> So do I send in the supporting docs eg medical exam etc with my
> I140 application, or do I have to wait for labor-based I140 approval
> and then ask them to substitute my NIW I140 for labor I140
> and adjudicate my I485 based on this? (sounds complicated, huh??)

Where are you from ? In the view of impending EB-2 retrogression for some countries and the starting flood of new I140s due to the PERM system, you might want to hold on to that NIW and keep the LC as a backup plan for the time being. Considering the processing times, you might not gain too much by changing to the LC based case.

Yes, you can transfer an I485 from one APPROVED I140 to the other. But you cannot transfer a pending I485 to a new PENDING I140. So, what you probably would want to do is to file an I140 with the LC and wait for it to be approved. Apparently, some processing centers are lightning fast on 'naked' (non-concurrent) I140s these days. Once you have the I140 approved, you can then decide whether you can really expect to gain time by the transfer or rather stick it out with the NIW (remember, you can leave the NIW job once your 5 years are fulfilled, you don't have to hang out there until you are adjusted).

I know one case that was transferred from an approved NIW to an approved LC based I140. But it was a bit of a waiting and hoping game for the transfer to go through.

Talk to an attorney.
 
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You can also do consular processing of LC based petition concurrently with pending NIW-based I-485. It may be faster.
 
Thanks for you replies. I am from California, and the processing time for I140 is 3-4 months and I 485 is 4-5 months. So I feel that if I can indeed re-file my I 485 it might be faster than trying to substitute the old application.
Thanks again.
 
In same situation

I have an approved NIW 140 and pending 485. Just learnt from lawyer that my LC got certified. Paralegal says i cant apply for another 485. I have asked him to check with the lawyer.
Hadron what would be my best bet. I was on H1b(no J1) NIW got approved in jul 2005. FP has been done. Have an approved ext H1b and an EAD.
thanks
 
Per my lawyer, Apply for I140, then substitute this approved I140 on your pending NIW I485. This won't work if you are in NSC, as they don't allow this. Hope it helps.
pddoc said:
I have an approved NIW 140 and pending 485. Just learnt from lawyer that my LC got certified. Paralegal says i cant apply for another 485. I have asked him to check with the lawyer.
Hadron what would be my best bet. I was on H1b(no J1) NIW got approved in jul 2005. FP has been done. Have an approved ext H1b and an EAD.
thanks
Click to expand...
 
why not Another 485?

Hi NIW applicant
What is the disadvantage in filing another 485 if it is allowable? Except for additional legal fee I see a possible advantage of getting it approved faster. WHy did your lawyer advise you to file 140 and wait?
 
I will loose my priority date if I file a new app( I filed for my I485 in Oct '02). Also, a new application automatically triggers new FBI checks etc. Hopefully, I have already cleared them with my old app.
 
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