Can I use new I140 after filed AC21?

D

dududidi

Registered Users (C)
On September 9, 2002 I filed I140 and I 485 concurrently.
Laid off on October 14, 2002.
Started new job on December 10, 2002
I140 approaved in June, 2003.
Filed new I140 with my current employer on October 20, 2003
I485 RFE in April, 2004, required response deadline June 30, 2004
Sent AC21 on June 18,2004
New I140 was approved on June 21, 2004

Can I request I485 be reconsidered based on newly approved I140 after sending request of AC21 ealier?
 
dududidi said:
On September 9, 2002 I filed I140 and I 485 concurrently.
Laid off on October 14, 2002.
Started new job on December 10, 2002
I140 approaved in June, 2003.
Filed new I140 with my current employer on October 20, 2003
I485 RFE in April, 2004, required response deadline June 30, 2004
Sent AC21 on June 18,2004
New I140 was approved on June 21, 2004

Can I request I485 be reconsidered based on newly approved I140 after sending request of AC21 ealier?
Click to expand...
Yes you can do it - it is called 140 substitution.
 
Jharkhandi

Could you please explain how?
Do you think it is better to use new I140 instead of AC21?
Thanks
 
On May 9, 2000, Michael Pearson, Executive Associate Commissioner, Office of Field Operations, issued a Memorandum (“Pearson Memo”) on transferring Section 245 adjustment of status applications to new or subsequent immigrant visa petitions.

The Pearson Memo discusses what happens if the I-485 is already pending when the subsequent petition is approved. The Memo pointed out that a person can substitute an approved I-130 or I-140 Petition with a newly approved petition while the adjustment application is pending, as long as the priority date is current at the time the substitution is effected. According to the Pearson Memo this I-485 substitution procedure is available only within the same preference category.

I can't comment which is better till you elaborate on case(s).
 
Thank you for the comment

Here is the detail.
On September 9, 2002 I filed I140 and I 485 concurrently, EB3 category.
Laid off on October 14, 2002.
Started new job on December 10, 2002
I140 approaved in June, 2003.
Filed new I140 with my current employer on October 20, 2003, EB2 category
I485 RFE in April, 2004, required response deadline June 30, 2004
Sent AC21 on June 18,2004, similar job duty description without mentioning the date of changeing employer since it is less than 180days. The document includes employment verification letter from new employer. 3 months paycheck, w-2 for 2003. A AC21 letter of change intent.

New I140 was approved on June 21, 2004
If I want to send new I140 aprroval notice, what should I say?

Thanks
 
Jharkhandi said:
On May 9, 2000, Michael Pearson, Executive Associate Commissioner, Office of Field Operations, issued a Memorandum (“Pearson Memo”) on transferring Section 245 adjustment of status applications to new or subsequent immigrant visa petitions.

The Pearson Memo discusses what happens if the I-485 is already pending when the subsequent petition is approved. The Memo pointed out that a person can substitute an approved I-130 or I-140 Petition with a newly approved petition while the adjustment application is pending, as long as the priority date is current at the time the substitution is effected.

According to the Pearson Memo this I-485 substitution procedure is available only within the same preference category.
-------one can substitue EB2 or EB3 it does not matter is has been discussed by USCIS in the past they have cleared it, suppose if I-485 was filed with I-140 that was under EB2 and the person gets new I-140 in EB3 he can substite EB2 to EB3 or EB 3 to EB2 as both are employement based petitions.

I can't comment which is better till you elaborate on case(s).
Click to expand...
 
ginnu and Jharkhandi

Could you please tell me,

Is it better for me to send new I140 approval notice?
What should I say in the letter if I send the I140 notice?

Thank you
 
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