can i transfer 485? tough situation for me

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bharathch

Registered Users (C)
i have applied for EB1-EA and 485 in March 2005. i got a RFE for EB1-EA. can i withdraw my EB1 and transfer my 485 to LC approved eb2 petition( i had PERM LC approved in july and will be filing I 140 anytime soon). will the USCIS agree to transfer my 485 to the EB2 I 140 that i am going to file this week? this is very important as i am on 6th yr H status and i can extend my H only if 485 is filed (or I 140 should be approved before march 2006. My lc was filed 2 months after 5ys of H).
Please reply
 
if u have apvd 140 u can file a new 485 based on it.

Since they already issued RFE and case is still open, withdrawl from this 485 would mean case close.

The best thing is to get opinion from a good attorney.



Good Luck
 
thanks for your reply. I 140 is not filed . my attorney is plannning to refile 485 along with lc aproved I140.
 
bharathch said:
i have applied for EB1-EA and 485 in March 2005. i got a RFE for EB1-EA. can i withdraw my EB1 and transfer my 485 to LC approved eb2 petition( i had PERM LC approved in july and will be filing I 140 anytime soon). will the USCIS agree to transfer my 485 to the EB2 I 140 that i am going to file this week? this is very important as i am on 6th yr H status and i can extend my H only if 485 is filed (or I 140 should be approved before march 2006. My lc was filed 2 months after 5ys of H).
Please reply
Click to expand...
EB1-EA I-140 filed and based on that I-485 pending
now this EB1 I-140 has RFE
-------------------90 % of EB1 get RFE and reply the RFE or more evidence of extraordinary ability
LC through PERM aproved and LC is for EB2
---------- file the I-140 and I-485 ASAP

*** USCIS can transfer the pending I-485 with new new approved I-140. at this time you dont have new I-140 filed or approved. what I will do is reply to EB1 I-140 RFE and also apply second I-140 based on LC and second I-485(dont forget to write your A# on new I-140 and I-485 form and on I-485 also write that you have pending I-485#... with service center XYZ

*** you can extend H1 based on pending I-485, you have your I-485 pending on EB1, attach the copy of that I-485 filing reciept and file H1 extension
OR
once you file new I-140 and I-485, EAD AP you or your lawyer will get I-485 filing reciept and then file H1 extension based on new I-485 pending ( file the H1 BEFORE your I-94 gets expired)
 
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Thanks for your deatailed and convincing reply.
my attorney is doing somewhat similar but the difference is he has already made a request to transfer the 485( a week ago) but decided to withdraw the EB1(if we respond to RFE ,the 485 will be rejected as soon as eb1 is denied which is more likely--not too many doctors are being approved especially with clinical background and without mcuh research)..

and based on approved LC, he is sending the EB2,I-140 and 485( as you said)-- they might have sent it out today. I'm NOT sure if its considered within the deadline, if the application reaches before sept 30 but they open the mail after few more days?
 
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