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Can I-485 transfer?
- Thread starter Luchang
- Start date
anluckyman
Registered Users (C)
Yes, you can transfer your I-485 from one I-140 to another I-140 but it is hard according to my experience.
Here is my immigration story:
Aug, 2002 filed EB-1 and NIW
Oct, 2002 filed I-485 with EB1
Aug, 2003 NIW approved
Sept, 2003 request to transfer I-485 to approved NIW but no any response from USCIS
Nov, 2004 Fingerprinting
Feb, 2005 "Notice of intend to deny" for EB1
Feb, 2005 l made response to Notice of intend to deny for EB1
May,2005 EB-1 got denied because of job offer and I-485 denied at same time. The reason of I-485 denial is" The following immigration visa application is denied and our service records did not indicated that there exist another approved immigration visa upon which to base your I-485.
June 13, 2005 file Motion to re-open for my I-485 since I do have an approved I-140
Aug 11, 2005 MTR approved and I-485 approved at same time
Sept 10, 2005 got plastic card!
By the way, have you filed your I-485 ? Looks like you did not file I-485 yet ?
Here is my immigration story:
Aug, 2002 filed EB-1 and NIW
Oct, 2002 filed I-485 with EB1
Aug, 2003 NIW approved
Sept, 2003 request to transfer I-485 to approved NIW but no any response from USCIS
Nov, 2004 Fingerprinting
Feb, 2005 "Notice of intend to deny" for EB1
Feb, 2005 l made response to Notice of intend to deny for EB1
May,2005 EB-1 got denied because of job offer and I-485 denied at same time. The reason of I-485 denial is" The following immigration visa application is denied and our service records did not indicated that there exist another approved immigration visa upon which to base your I-485.
June 13, 2005 file Motion to re-open for my I-485 since I do have an approved I-140
Aug 11, 2005 MTR approved and I-485 approved at same time
Sept 10, 2005 got plastic card!
By the way, have you filed your I-485 ? Looks like you did not file I-485 yet ?
anluckyman said:Yes, you can transfer your I-485 from one I-140 to another I-140 but it is hard according to my experience.
Here is my immigration story:
Aug, 2002 filed EB-1 and NIW
Oct, 2002 filed I-485 with EB1
Aug, 2003 NIW approved
Sept, 2003 request to transfer I-485 to approved NIW but no any response from USCIS
Nov, 2004 Fingerprinting
Feb, 2005 "Notice of intend to deny" for EB1
Feb, 2005 l made response to Notice of intend to deny for EB1
May,2005 EB-1 got denied because of job offer and I-485 denied at same time. The reason of I-485 denial is" The following immigration visa application is denied and our service records did not indicated that there exist another approved immigration visa upon which to base your I-485.
June 13, 2005 file Motion to re-open for my I-485 since I do have an approved I-140
Aug 11, 2005 MTR approved and I-485 approved at same time
Sept 10, 2005 got plastic card!
By the way, have you filed your I-485 ? Looks like you did not file I-485 yet ?
Thank you very much for your kind reply. Yes, I plane to file my I-485 next week. would you give me some suggestion? Thank you very much.
anluckyman
Registered Users (C)
Before I give you suggestion, I want to remind you that BE SURE TO KEEP YOUR NON-IMMGRANT VISA UNTILL YOU GET YOUR I-485 approved!!!!!!!!!!!!!!!
Here is suggestion for you:
Method one: you can file your I-485 with two I-140 receipts that will base your I-485 on two I-140s.But immigrant officer may process your I-485 after both of I-140 have been approved. My friend have this experience and got his I-485 approved on the same day second I-140 approved.
Second method: you can file your I-485 with one I-140 you estimate most like to be approved. If second I-140 get approved faster, then you can request transfer (also call interfiling I-485) the basis of your I-485 from one I-140 to another approved I-140. Be sure to write and HIGHLIGHT your A# number ( you can find it on your I-485 receipt) and case number.When I submit my requset letter to transfer I-485, my lawyer did not give A# number. In other word, my I-485 did not connect with my approved I-140 though I submit the transfer requesting. It is said immigration officer search immigration file usually through A#, not case number, therefore I think that the reason of my I-485 denial is immigration officer can not find my approved I-140 by searching my A# number.
That is personal suggetion,just for your reference! Good luck!
Here is suggestion for you:
Method one: you can file your I-485 with two I-140 receipts that will base your I-485 on two I-140s.But immigrant officer may process your I-485 after both of I-140 have been approved. My friend have this experience and got his I-485 approved on the same day second I-140 approved.
Second method: you can file your I-485 with one I-140 you estimate most like to be approved. If second I-140 get approved faster, then you can request transfer (also call interfiling I-485) the basis of your I-485 from one I-140 to another approved I-140. Be sure to write and HIGHLIGHT your A# number ( you can find it on your I-485 receipt) and case number.When I submit my requset letter to transfer I-485, my lawyer did not give A# number. In other word, my I-485 did not connect with my approved I-140 though I submit the transfer requesting. It is said immigration officer search immigration file usually through A#, not case number, therefore I think that the reason of my I-485 denial is immigration officer can not find my approved I-140 by searching my A# number.
That is personal suggetion,just for your reference! Good luck!
To My freind,
Thank you very much for your detailed explaination. I have 2 Q here:
1) if I-485 links two I-140, what the result if one I-140 is denied? Like your friend, How about the result if the last I-140 was refused?
2). I-485 links one I-140 such as NIW. If NIW is denied and EB-1 is still pending. How to deal with this situation? Can I transfer I-485 by just sending a EB1 receipt and I-485 A#?
I am looking forward to your reply. thank you very much.
Thank you very much for your detailed explaination. I have 2 Q here:
1) if I-485 links two I-140, what the result if one I-140 is denied? Like your friend, How about the result if the last I-140 was refused?
2). I-485 links one I-140 such as NIW. If NIW is denied and EB-1 is still pending. How to deal with this situation? Can I transfer I-485 by just sending a EB1 receipt and I-485 A#?
I am looking forward to your reply. thank you very much.
Thanks anluckyman for sharing the valuable information!
I have the same status as you had before regarding I485.
I have one approved NIW and one pending EB1. I found my I485 was linked to EB1 by my lawyer (He is not good).
My lawyer said it doesn't matter since I485 will automatically follow the approved I140. I am going to withdraw EB1 and write a letter to adress the status clearly. So I am wondering if you can share your letter and details (address you wrote to etc.)with me. I guess I have to do it by myself.
Thanks a millions in advace!
I have the same status as you had before regarding I485.
I have one approved NIW and one pending EB1. I found my I485 was linked to EB1 by my lawyer (He is not good).
My lawyer said it doesn't matter since I485 will automatically follow the approved I140. I am going to withdraw EB1 and write a letter to adress the status clearly. So I am wondering if you can share your letter and details (address you wrote to etc.)with me. I guess I have to do it by myself.
Thanks a millions in advace!
anluckyman
Registered Users (C)
To Luchang
1) if I-485 links two I-140, what the result if one I-140 is denied? Like your friend, How about the result if the last I-140 was refused?
If you tie your I-485 to two I-140s and one of your I-140 is denied, your I-485 should based on your pending I-140 or the approved I-140. But it is only my personal thinking, my friend got two I-140s approved.
2). I-485 links one I-140 such as NIW. If NIW is denied and EB-1 is still pending. How to deal with this situation? Can I transfer I-485 by just sending a EB1 receipt and I-485 A#?
Yes, According to an immigration lawyer's website: If you have two I-140s pending and one of them is denied, USCIS may bases your I-485 on your pending I-140. I will try finding the link of the website and post it here for you.
Again, be sure not to lost your H1 B or any other Non-immigrant visa untill you get your I-485 approved
1) if I-485 links two I-140, what the result if one I-140 is denied? Like your friend, How about the result if the last I-140 was refused?
If you tie your I-485 to two I-140s and one of your I-140 is denied, your I-485 should based on your pending I-140 or the approved I-140. But it is only my personal thinking, my friend got two I-140s approved.
2). I-485 links one I-140 such as NIW. If NIW is denied and EB-1 is still pending. How to deal with this situation? Can I transfer I-485 by just sending a EB1 receipt and I-485 A#?
Yes, According to an immigration lawyer's website: If you have two I-140s pending and one of them is denied, USCIS may bases your I-485 on your pending I-140. I will try finding the link of the website and post it here for you.
Again, be sure not to lost your H1 B or any other Non-immigrant visa untill you get your I-485 approved
anluckyman
Registered Users (C)
To ND485
I am very happy to share my experience with people like you who need it because I had very stresful time with USCIS and don't want any people to experince it again.
Please post your email address, I will send the letter of transferring I-485 to you which is written by my lawyer, I think the letter is good except that my lawyer forget A# number. My lawyer send the letter to the address that he submit my I-140 in TSC. late on I send it to three addresses I found in TSC website that are the address to accept I-140, address to accept I-485 and the address to accept concurrent-filing I-140/I485.
Why you want to cance your EB1 ? I think what you should do is to write the letter for transferring I-485 and send it with the copy of your approved I-140. If your EB1 get approved in future, you have nothing to worry because two of I-140s approved; If USCIS ask Ref for your EB1, you can ask your I-485 be transferd again at that time, you should be fine too; If not so lucky, your EB1 get denied and USCIS can not find your approved I-140 and USCIS deny your I-485, you can file MOTION TO REOPEN like me and I am sure that your MTR and your I-485 should get approved like my case.
We have exact situation and I am sure you have no problem to get your GC according to my experience!
Again, please keep your non-immigrant visa until your I-485 approved.
May your I-485 approved ASAP! God bless you.
I am very happy to share my experience with people like you who need it because I had very stresful time with USCIS and don't want any people to experince it again.
Please post your email address, I will send the letter of transferring I-485 to you which is written by my lawyer, I think the letter is good except that my lawyer forget A# number. My lawyer send the letter to the address that he submit my I-140 in TSC. late on I send it to three addresses I found in TSC website that are the address to accept I-140, address to accept I-485 and the address to accept concurrent-filing I-140/I485.
Why you want to cance your EB1 ? I think what you should do is to write the letter for transferring I-485 and send it with the copy of your approved I-140. If your EB1 get approved in future, you have nothing to worry because two of I-140s approved; If USCIS ask Ref for your EB1, you can ask your I-485 be transferd again at that time, you should be fine too; If not so lucky, your EB1 get denied and USCIS can not find your approved I-140 and USCIS deny your I-485, you can file MOTION TO REOPEN like me and I am sure that your MTR and your I-485 should get approved like my case.
We have exact situation and I am sure you have no problem to get your GC according to my experience!
Again, please keep your non-immigrant visa until your I-485 approved.
May your I-485 approved ASAP! God bless you.
NIW and LC 140
Hi, I am ina similar situation. I am a physician who applied labour through PERM and is still pending. So, I am going to apply for I 140,--NIW EB2 physicians by working in underserved areas for 5 yrs. that way, I can apply for 485 before retrogression. Now, if my labour gets approved, i am going to apply for I 140 again based on approved labour. So, can you please guide me how to switch from NIW 140 to labour 140 because labour 140 PD is earlier. Also what is A number? I do not have one now.can you e-mail me the letter your lawyer wrote?
my e-mail address is jaygeeth@yahoo.com.
What was your center? Mine is Nebraska. I heard that it is worse.
Thanks again
Jay
Hi, I am ina similar situation. I am a physician who applied labour through PERM and is still pending. So, I am going to apply for I 140,--NIW EB2 physicians by working in underserved areas for 5 yrs. that way, I can apply for 485 before retrogression. Now, if my labour gets approved, i am going to apply for I 140 again based on approved labour. So, can you please guide me how to switch from NIW 140 to labour 140 because labour 140 PD is earlier. Also what is A number? I do not have one now.can you e-mail me the letter your lawyer wrote?
my e-mail address is jaygeeth@yahoo.com.
What was your center? Mine is Nebraska. I heard that it is worse.
Thanks again
Jay
Thanks anluckyman! I really appreciate your generous help! You can email me your stuff to this email address,
dwang@nd.edu
I asked my lawyer. He said it will automatically transfer to the one got approved. But I suspect that because in my NIW approved notice, it said I should contact local INS office for I485 form and file I485 for adjustment of my status. Also there is no A# in that letter. LUD of NIW never has been updated before.
Thanks for your advice on EB1! I am think if I cancel EB1 it may link I485 right away to my approved I140.
God bless you too!
dwang@nd.edu
I asked my lawyer. He said it will automatically transfer to the one got approved. But I suspect that because in my NIW approved notice, it said I should contact local INS office for I485 form and file I485 for adjustment of my status. Also there is no A# in that letter. LUD of NIW never has been updated before.
Thanks for your advice on EB1! I am think if I cancel EB1 it may link I485 right away to my approved I140.
God bless you too!
Anluckyman
Please forward me the link which mentions
If you have two I-140s pending and one of them is denied, USCIS may bases your I-485 on your pending I-140.
thanks
Please forward me the link which mentions
If you have two I-140s pending and one of them is denied, USCIS may bases your I-485 on your pending I-140.
thanks
anluckyman said:To Luchang
1) if I-485 links two I-140, what the result if one I-140 is denied? Like your friend, How about the result if the last I-140 was refused?
If you tie your I-485 to two I-140s and one of your I-140 is denied, your I-485 should based on your pending I-140 or the approved I-140. But it is only my personal thinking, my friend got two I-140s approved.
2). I-485 links one I-140 such as NIW. If NIW is denied and EB-1 is still pending. How to deal with this situation? Can I transfer I-485 by just sending a EB1 receipt and I-485 A#?
Yes, According to an immigration lawyer's website: If you have two I-140s pending and one of them is denied, USCIS may bases your I-485 on your pending I-140. I will try finding the link of the website and post it here for you.
Again, be sure not to lost your H1 B or any other Non-immigrant visa untill you get your I-485 approved