EA approved, relink I-485?

N

Newhope2005

Registered Users (C)
While i am still waiting for NIW decisions, (RFE replied to NSC Nov 3rd, 2005), I got the email saying my EA has been approved today.
I filed EA myself to VSC, August 2005, since the headquarter of my employer is in their district though i am working at a branch which happens to be in the district of NSC. NO RFE.
Can i really relink the approved EA I-140 to the pending I-485 which i concurrently filed with NIW?
I did some research and there were mixed understandings.
I called USCIS today and the lady consulted with her supervior and told me it is NOT possible. I was told to refile I-485 with the EA.
I know someone has successfully done this before. I am thinking the lady's supervisor is a fool.
Any suggestions or hints on how to do this?
Thanks in advance.
 
Thanks again for the wonderful infos.
According to pearson memo, the two I-140s have to be approved to interfile.
But i remembered some cases here successfully relinked approved I-140 to a pending I-485 concurrently filed with a pending I-140... More research to do.

As for my case:
VSC, EB1-EA, RD August 1, 2005
ND August 2, 2005
AP Feb 21, 2006
LUD Feb 21, 2006

NSC, NIW, concurrently filed I-140 and I-485
RD September 7, 2005
ND September 9, 2005
RFE September 17, 2005
RFE RD Nov 3rd, 2005
LUD Dec 15, 2005.
 
Newhope2005

Hi, Newhope2005,
Could you please post your qualifications? I am in the processing of applying for EB1 EA. Thanks.
 
Bioscience field. 18 first author published papers, all from US. Two from impact factors higher than 12. All others have impact factor around 5-7.
80 citations. 13 reference letters, 10 from independent experts in the field, most of them big shots. 5 of them are from European countries, and two of them are memebers of Academy of Sciences. One from a never met researcher who cited my paper in Oxford, stating how significantly my work help her Ph.D research.
Ph.D in a mid-level US University. 3 years as Research Associate in a private institute. 25 Conference presentations. 2 invited talks at conferences.
Two times reviewers.
Two members of scientific societies. One can provide proof/statements attesting top-ranking qulities of research contributions needed for joining.
One best presentation award at a conference as Ph.D student. 5 travel grants award. Two university fellowships.
 
I got this answer from an immigration office

Ok, I had the same question: one I-140(NIW) pending and it concurrently with I-485, second I-140 (EB2) with a LC approved, details see my sig.

I made an appointment with an immigration office at a district office though InforPass and drove 8 houses and this is her answer:

write a letter, to where your I-485 is pending, stating what happened (one I-140 pending with I-485, a more recent I-140 approved) and ask them to link your I-1485 with your approved I-140. Include copies of receipts of I-1485 and approved I-140 notice with your letter.

Hope this gives your direction and save your worry.

Newhope2005 said:
Thanks again for the wonderful infos.
According to pearson memo, the two I-140s have to be approved to interfile.
But i remembered some cases here successfully relinked approved I-140 to a pending I-485 concurrently filed with a pending I-140... More research to do.

As for my case:
VSC, EB1-EA, RD August 1, 2005
ND August 2, 2005
AP Feb 21, 2006
LUD Feb 21, 2006

NSC, NIW, concurrently filed I-140 and I-485
RD September 7, 2005
ND September 9, 2005
RFE September 17, 2005
RFE RD Nov 3rd, 2005
LUD Dec 15, 2005.
Click to expand...
 
Thank you very much!
I was just about to make an appointment as well.
This definitely saved me a lot of time.
 
No response yet

Newhope2005,

I sent the letter and they received it yesterday, but no response yet. what about you?

Newhope2005 said:
Thank you very much!
I was just about to make an appointment as well.
This definitely saved me a lot of time.
Click to expand...
 
The same happened to me too.

I filed two I-140 (NIW and EB1-OR) and both approved. My I-485 was initially filed for the NIW. After the EB1-OR was approved, I sent the request to relink I-485 to the OR with similar documents mentioned in others' posts (Pearson memo, I-140 approval notices, etc), due to the concern of retrogression (I assume EB1 would be better than EB2 in most cases in terms of priority date).

But nothing happened so far, and I didn't get any confirmation either. This might be that both of my I-140s are affected by the retrogression.
 
I am sending it today. From what i heard, I am not sure they will send you a notice though.
You may want to check LUD of I-485 to see if they have touched it.
Just my thought.
 
Newhope,

I was in the same situation as you last year and successfully re-linked my pending 485 with the approved 140 after talking to a VSC officer.

I filed for EB2 NIW and 485 in late 2003. Then I realized that my lawyer did a bad job so I filed EB1-EA in 2004 on my own. Sure enough, the EB1 was approved while I was responding to RFE on the EB2. I called VSC a week after, and reached somebody at the service center (not the people at the phone center), who was incredibly nice and helpful. I explained my situation to him. He said immediately that the 485 could be re-linked to the approved EB1, but put me on hold while he confirmed with others. I was only too happy to wait. Then he came back to the phone and confirmed it, saying that actually, once one of the 140's is approved, the 485 should be automatically re-linked to the approved 140. In other words, even if I wanted to, thearetically my 485 would not be based on EB2 (which it was originally attached to), but would be based on EB1 (which was approved first). He apologized that the system failed to do the re-linking automatically. He took care of the re-linking, and within a week, my 485 was approved.
 
genuine,

Did you withdraw your EB2 NIW after re-linking successfully? I called but the number I have just would not lead to a living person :). So I had to drive 8 hours to find out what to do.
 
I did not withdraw my EB2. After the 485 was approved (based on EB1), I got a letter from VSC saying that they were going to store my EB2 application.
 
genuine said:
I did not withdraw my EB2. After the 485 was approved (based on EB1), I got a letter from VSC saying that they were going to store my EB2 application.
Click to expand...

Hi Genuine:

Congrats!!! can you post your qualifications and other credentials if it is possible. My I-140 under Eb-2 (NIW) was approved on Feb. 28, 2006 and i am thinking to file I-140 under EB-1-OR and i am gathering informations on EB-1-OR AND EA.

Thanks
 
genuine said:
Newhope,

I was in the same situation as you last year and successfully re-linked my pending 485 with the approved 140 after talking to a VSC officer.

I filed for EB2 NIW and 485 in late 2003. Then I realized that my lawyer did a bad job so I filed EB1-EA in 2004 on my own. Sure enough, the EB1 was approved while I was responding to RFE on the EB2. I called VSC a week after, and reached somebody at the service center (not the people at the phone center), who was incredibly nice and helpful. I explained my situation to him. He said immediately that the 485 could be re-linked to the approved EB1, but put me on hold while he confirmed with others. I was only too happy to wait. Then he came back to the phone and confirmed it, saying that actually, once one of the 140's is approved, the 485 should be automatically re-linked to the approved 140. In other words, even if I wanted to, thearetically my 485 would not be based on EB2 (which it was originally attached to), but would be based on EB1 (which was approved first). He apologized that the system failed to do the re-linking automatically. He took care of the re-linking, and within a week, my 485 was approved.
Click to expand...

Congrats, Genuine!
And thank you very much for sharing the story with us.
I have mailed out the letter requesting relinking to VSC and they just received it.
I tried and could not get connected to a person at VSC via phone.
Hope they would accept my letter of request.
 
Neither do I.
I just tried my luck today to call the number again.
As expected, the officer i talked to over the phone told me he was not sure on this issue and instructed me to file another I-485.
These phone pickers are just ignorant.
Hopefully we can receive something confirmative from the service center where we sent out request letters.
Keep posted.
 
Newhope2005,

the LUD of my approved I140 changed yesterday while the message doesn't change. the LUD of my I485 doesn't change. Probably they did something.

Newhope2005 said:
Neither do I.
I just tried my luck today to call the number again.
As expected, the officer i talked to over the phone told me he was not sure on this issue and instructed me to file another I-485.
These phone pickers are just ignorant.
Hopefully we can receive something confirmative from the service center where we sent out request letters.
Keep posted.
Click to expand...
 
That's reallly nice to hear!
Hopefully they will do the transfer.
I am still waiting to hear anything from them yet...
Which service center are you with?
I sent to VSC.
Good luck.
 
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