Can I link my NIW based 485 to approved EA 140

Z

zsw

New Member
Can I write a letter to USCIS, asking them to link my NIW based I-485 with the EA I-140 with my I-140 approval notice and I-485 receipt with the letter?
Because I submitted two I140 application, My EA for 140 was approved, my NIW was still pending, and my 485 was filed with NIW. I ask my lawyor if I can refer the NIW 485 to EA. His answer is I cannot do that. What I can do is withdrawing the NIW 485 and refile a new 485 with EA, which will cause me 2, 000 $ more for the filing and extra time. Can I or cannot?
 
How to do that?

GoEagles said:
You can interfile your pending I-485 with approved I-140.
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GoEagles
How can you do that? Is there any form or guideline from USCIS specifical for this purpose?

Thanks,
 
Anyone has any idea what I should do now for this condition?

Hi, I am in the same boat, too. My attorney submitted second I-485 for me and of course charged second time. :( Now I got into a really complicated situation. I got my FP notice for the second I-485 and finished it last month. The LUD changed once but no message changed after it. Then the message changed for the first set of I-485 (FP received and cased resumed...) . But my I-140 NIW still pending now. My attorney already sent mail to USCIS to consolidate these two cases together long time ago, which didn't seem to work. She called USCIS and they didn't give her any information. Now she is sending another mail to USCIS. Anyone has any idea what I should do?

TheRealCanadian said:
I assumed he charged you twice, too? ;)
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:( :confused:
 
Unfortunately you can do it ONLY IF both I-140 are approved .

Was in the same boat. Stand alone EA I-140 was approved 4 months before concurently filed OR I-140. Sent a letter to USCIS to substitute I-485 with the approved I-140. Nothing happend, found out latter that it does not work in such a way. Had to wait for the approval of the OR petition.
 
Can I link my withdrwan EB1 485 to pending NIW-2

Dear Gurus,
Need you suggestions on this... I have an EB1-A application with an RFE, and a pending NIW-2. I was wondering if I could withdraw my EB-1 case as its a tough RFE and ask them to link the 485 to my pending NIW, since its current.
Can this be done.
 
I think the easiest thing for Lawyer is to file another 485.According to the Pearsons Memo, an approved 485 can surely be connected, however if the 485 has been revoked then it cant, but if an application is pending whats the reason 485 cant be connected....is my confusion.
Medical exams is a real problem, I had my sons chest X-ray done as the skin test was positive. Dreading another X-ray for him so was hoping with the everything becoming current and many 485 applications floating around USCIS allows a pending 485 application to be connected. What would be the reason not to allow...??? Should it vary from case to case or is there a rule.
 
Yes you can. If you think EB-1 is tough don't provide any new evidence, just request interfiling in your reply to the EB-1 RFE. This is much better than a separate relink request letter!

pls refer to my case:
http://boards.immigrationportal.com/showthread.php?p=1702323#post1702323

sjsd said:
Dear Gurus,
Need you suggestions on this... I have an EB1-A application with an RFE, and a pending NIW-2. I was wondering if I could withdraw my EB-1 case as its a tough RFE and ask them to link the 485 to my pending NIW, since its current.
Can this be done.
Click to expand...
 
Thanks Tellan,
I appreciate your comments, this is what I was hoping instead of the RFE reply talk about withdrawl of the EB1 case and just connecting 485 to the NIW, which was filed at the same time but the 485 was not filed:p as it was not current.
So in your views this can be done with nothing approved.... this really makes my day.:p
 
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