Can you attach a new I-140 to an existing I-485?

S

Sun07

Registered Users (C)
Hello Everyone. I hope someone can help me answer this Q and give me more confidence to go ahead and do it. Here is the situation.

I filed EB3 India labor in April 2002 and got approved I-140 and EAD and AP and I-485 is still pending. Its been 3 years since filing I-140/485 concurrently and have been through 3 EADs and APs and 2 Finger Prints. I recently left my GC sponsering company. (I-140 was approved and I-485 pending more then 2.5 years so am pretty safe wih that)

I did a wise thing long time ago and filed labor through another company under EB2 PD May 2002, which just became current for India and along with that my labor also got approved. Godo news is I can file I-140 and I-485 right away.

My Q: My lawyer (newly approved laor under EB2) says lets file I-140 under premium processing and then ask USCIS to attach my other EB3 I-485 with this and get EAD and AP. Since PD is current for my this labor and I-140, it should be no problem.

I do not want to jeapordize my older(EB3) I-485 and wonder if this is a safe route to take. This is a relatively small company and the earlier (EB3) company is pretty big and reputable. The only problem with that company is that it is under EB3 with PD May 2002 and only God knows when will that become current.

Thanks for reading my post
 
29 views and no comments from anyone :(

Please, does anyone have an opinion? I would appreciate any thoughts!

Thanks!
 
Well, I think your lawyer is well-informed....Yep, once your I-140 is approved....

you may also want to verify from a Senator/Congressman on the status of your FBI Namecheck for I-485...after I-140 approval...May help.....
 
thank you guys! Yes I will only link my pending I-485 AFTER I-140 is approved. I was told that I-140 can be premium processed in 7-10 days and soon after that if we send a letter requesting linking my old I-485 and assuming all is ready on that front (My finer prints are current and I am hoping name check has been cleared), I can actualy get a green card in a month?

Sounds unbeleivable ....
 
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