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crore

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inter filing

Is it possible to use I 140 approval from labor cert, and combine it with I 485 from NIW to obtain Green Card. Are there any risks in doing this.

My NIW based I 140 is approved and I 485 is filed. I 485 processing date seems to be current. The present processing date is 6/25/05.
 
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Interfiling

That is what my lawyer told me and I am hoping to be able to do that.Please post here as and when you do interfile
 
if you dont mind which lawyer are you going through, what problems has that lawyer talked bout with interfiling
feel free to PM me .
thanks for the input
 
I filed both based on his recommendation. In his words " It's possible, it's been done but there is no guarantee " Which is fine as I have no visa status at this time other than the NIW based EAD.
 
btw the NIW based I 485 is subject to the same retrogression as any other so unlesss your's is pending from 2002, you'll still have a wait period
Are you doing a self petition or do you have a lawyer too.
 
It can be done. There is a Yates memo from 2000 allowing this. However, NSC routinely violates their own laws and denies transfer of I485s from one approved I140 to another.
 
interfiling

Glad to have hadron's opinion on the situation.

scenario is this

to get labor cert to I 140.
NIW to I 140 - approved, I 485 pending. to link labor cert I 140 to I 485 from NIW.

Lets say this interfiling is denied, what happens to the applicants status then.
can one file another I 485 based on approved NIW related I 140. of course thats gonna delay the GC a lot.

for retrogression countries the date of EB2 employment based categories is 2002. it has advanced about 3 years in 6 months. My I 485 processing date is current as of now. Now If I anticipate that in the next 6 months or so the EB2 date advances to current, only then can I ever use the interfiling. At the same time I have to hope that during that 6 months or so, I will file and get PERM labor cert approved. get i140 approved and then interfile with the pending i 485. Is that a realistic scenario? Any ideas how long this is taking i.e. filing PERM from scratch, and getting an approved I 140 based on labor cert.

Another question is it true that labor cert related I 140 has to be filed and pending before the 6th year of H1b for H1b extensions to be obtained indefinitely. Or can the NIW related I 140, I 485 can be used to get those H1b extensions beyond the 6th year.
 
- I am not sure what 'interfiling' is.
- An I140 doesn't become void if an I485 filed based on it gets denied or if a transfer of an I485 is being denied
- For your status, the question whether you have a pending I485 is key. If your I485 got denied, your EAD would become invalid and you would have to leave the country (unless you were still in H1b status as backup).
- You can file a second I485, it is entirely legal to do so (it wasn't in the past but now it is). Now, if you file a second I485 your PD will be the one of the second I140.
- If the processing center allows you to transfer the I485 from one APPROVED I140 to another APPROVED I140, you retain the earlier PD.
 
hadron said:
- I am not sure what 'interfiling' is.
- An I140 doesn't become void if an I485 filed based on it gets denied or if a transfer of an I485 is being denied
- For your status, the question whether you have a pending I485 is key. If your I485 got denied, your EAD would become invalid and you would have to leave the country (unless you were still in H1b status as backup).
- You can file a second I485, it is entirely legal to do so (it wasn't in the past but now it is). Now, if you file a second I485 your PD will be the one of the second I140.
- If the processing center allows you to transfer the I485 from one APPROVED I140 to another APPROVED I140, you retain the earlier PD.

this is interfiling.
Click to expand...
 
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