I don't know. From a pending 140 to another pending 140 may be tough. I can't see any advantage of doing so.
EA approved, relink I-485?
- Thread starter Newhope2005
- Start date
tellan,
According to the Pearsons Memo the 485 can be linked to a new or pending case if the cases has been approved. I dont know if from a denied can it can be. But lawyers are working on even this to happen, linking from a denied case to a pending case, then why cant a 485 from a pending EB1 case be linked to NIW case. EB1@ nebraska I dont have any hope so wanted to save all the time and effort and also kids going through X-ray again.
Above all my lawyer has not been responding to anything that I have been asking or inquiring, so may delay the whole 485 for the NIW case. But lawyer is adamant I withdraw EB1 RFE case from Nebraska.... any logic. I can see only one that the 485 will be still valid for interfiling/connecting.
So any views suggestion please do let me know.
According to the Pearsons Memo the 485 can be linked to a new or pending case if the cases has been approved. I dont know if from a denied can it can be. But lawyers are working on even this to happen, linking from a denied case to a pending case, then why cant a 485 from a pending EB1 case be linked to NIW case. EB1@ nebraska I dont have any hope so wanted to save all the time and effort and also kids going through X-ray again.
Above all my lawyer has not been responding to anything that I have been asking or inquiring, so may delay the whole 485 for the NIW case. But lawyer is adamant I withdraw EB1 RFE case from Nebraska.... any logic. I can see only one that the 485 will be still valid for interfiling/connecting.
So any views suggestion please do let me know.
tellan, your inputs are very useful.jvc did you finally end up asking for an interfiling. I have 1 more question, most of the cases have been an approved case 485 to a pending one, or a 485 from a pending to an approved one. Seems both can be done without any doubt now even the USCIS website mentions that.
Mine is slightly different 485 is from a peding EB1 with RFE so I plan to say in response to RFE what tellan did and ask for connection to the NIW case. In case the NIW is approved its fine, if there is an RFE then I can in response to the RFE again ask for interfiling. Does this seem logical.
tellan what was the RFE on NIW from Nebraska.
Thanks for your suggestions and posting the details of your case it should help many then blindly file 485 one after the other without any logic
Mine is slightly different 485 is from a peding EB1 with RFE so I plan to say in response to RFE what tellan did and ask for connection to the NIW case. In case the NIW is approved its fine, if there is an RFE then I can in response to the RFE again ask for interfiling. Does this seem logical.
tellan what was the RFE on NIW from Nebraska.
Thanks for your suggestions and posting the details of your case it should help many then blindly file 485 one after the other without any logic
Hi Tellan,
I have not gotten a chance to look thro the details of the thread. Just a curious question. Am I reading correctly, is your 485 approved while 140 is denied? If so, is that 485 valid?
sorry if I am wasting your time asking this question..
thanks
ela
I have not gotten a chance to look thro the details of the thread. Just a curious question. Am I reading correctly, is your 485 approved while 140 is denied? If so, is that 485 valid?
sorry if I am wasting your time asking this question..
thanks
ela
ooooo,
I don't agreee with you on this.
Both of your I-140s HAVE NOT to be approved to relink. You can relink you I-485 to an approved I-140 no matter your original I-140 was approved, still pending or even rejected. Of cause you have to file relink request before the denial.
My I-485 was filed concurrently with the NIW I-140. The NIW I-140 was rejected on 4/2/2007, however my I-485 was approved on 6/14/2007. (My EB-1b I-140 was approved and I submitted interfiling request twice on 7/5/2006 and 11/20/2006). Actually, I'm pretty sure they will reject my NIW, because I didn't provide any new evidence in my reponse to RFE. I just want to relink.
Looks like NSC is accepting interfiling request now:
NSC Updates - 06/11/07 http://www.immigration.com/fromtheagency/nsc61207.html
At least I saw two successful relink cases in NSC recently: mine(6/14/2007) and madgu-gc2005's(5/17/2007).
If I refile a new I-485, I don't know when I will get approve notice, Dec 2007 or sometime 2008???
Good luck to everyone!
* 140 NIW: PD 9/30/2005, transferred to NSC in May 2006, RFE 8/11/2006, response to RFE 11/20/2006,
* 140 EB-1b: PD 9/30/2005, AD 4/17/2006
* 140 EB-1a: PD 9/30/2005, transferred to NSC in May 2006, RFE 6/??/2006
* 485 concurrently with 140 NIW: PD 9/30/2005, transferred to NSC in May 2006, LUD 10/20/2006, AD 6/14/2007
* FP: 1st 12/??/2005, 2nd 3/15/2007
* request for interfiling 485 with the approved EB-1b: 7/5/2006
* re-addressed my interfiling request in my response to NIW RFE 11/20/2006
* 129 H-1B extention 3/12/2007(my 6 yrs H-1B expired on 3/17/2007) still pending
ack for interfile request?
Hi Tellan,
Did you ever get response from USCIS that they received and processed your interfile request? If you did not get any specific response, was there any update on status of your any of I-140s or I-485 that you think meant that they processed such a request. It is difficult to shoot such requests in dark and dont know if they are processed.
Hi Tellan,
Did you ever get response from USCIS that they received and processed your interfile request? If you did not get any specific response, was there any update on status of your any of I-140s or I-485 that you think meant that they processed such a request. It is difficult to shoot such requests in dark and dont know if they are processed.
ooooo,
I don't agreee with you on this.
Both of your I-140s HAVE NOT to be approved to relink. You can relink you I-485 to an approved I-140 no matter your original I-140 was approved, still pending or even rejected. Of cause you have to file relink request before the denial.
My I-485 was filed concurrently with the NIW I-140. The NIW I-140 was rejected on 4/2/2007
Looks like NSC is accepting interfiling request now:
NSC Updates - 06/11/07 http://www.immigration.com/fromtheagency/nsc61207.html
At least I saw two successful relink cases in NSC recently: mine(6/14/2007) and madgu-gc2005's(5/17/2007).
If I refile a new I-485, I don't know when I will get approve notice, Dec 2007 or sometime 2008???
Good luck to everyone!
* 140 NIW: PD 9/30/2005, transferred to NSC in May 2006, RFE 8/11/2006, response to RFE 11/20/2006,
* 140 EB-1b: PD 9/30/2005, AD 4/17/2006
* 140 EB-1a: PD 9/30/2005, transferred to NSC in May 2006, RFE 6/??/2006
* 485 concurrently with 140 NIW: PD 9/30/2005, transferred to NSC in May 2006, LUD 10/20/2006, AD 6/14/2007
* FP: 1st 12/??/2005, 2nd 3/15/2007
* request for interfiling 485 with the approved EB-1b: 7/5/2006
* re-addressed my interfiling request in my response to NIW RFE 11/20/2006
* 129 H-1B extention 3/12/2007(my 6 yrs H-1B expired on 3/17/2007) still pending
I can't give you the details because it's too personal. There were more than ten specific questions plus asked for new references. At that time my EB-1b was approved. I don't want to beg for new references. So I took a risk, I didn't provide any new evidence, I only re-addressed my interfiling request in my response to NIW RFE. I also bought insurance - I extended my H-1B.
ela6,
My 485 was approved after the concurrently filed NIW 140 was denied, however I submitted interfiling request before the denial.
So my 485 was successfully relinked to the approved EB-1b before the NIW denial.
Here is my GC procedure(I deleted EB-1a which was abandoned)
1. NIW/485 concurrently filed and EB-1b filed
2. EB-1b approved
3. NIW/485 transferred to NSC
4. Interfiling request letter submitted
5. NIW-RFE
6. replied to NIW-RFE(I didn't provide any new evidence, I only re-addressed my interfiling request)
7. extended H-1B(buy insurance!!!)
8. NIW denied
9. called USCIS, was told 485 still pending
10. 485 approved
I think REPLYING RFE is the best time to request interfiling. USCIS may ignore your separate interfiling request letter, HOEWEVER THEY SHOULD PAY ATTENTION TO YOUR RESPONSE TO RFE.
Good luck.
My 485 was approved after the concurrently filed NIW 140 was denied, however I submitted interfiling request before the denial.
So my 485 was successfully relinked to the approved EB-1b before the NIW denial.
Here is my GC procedure(I deleted EB-1a which was abandoned)
1. NIW/485 concurrently filed and EB-1b filed
2. EB-1b approved
3. NIW/485 transferred to NSC
4. Interfiling request letter submitted
5. NIW-RFE
6. replied to NIW-RFE(I didn't provide any new evidence, I only re-addressed my interfiling request)
7. extended H-1B(buy insurance!!!)
8. NIW denied
9. called USCIS, was told 485 still pending
10. 485 approved
I think REPLYING RFE is the best time to request interfiling. USCIS may ignore your separate interfiling request letter, HOEWEVER THEY SHOULD PAY ATTENTION TO YOUR RESPONSE TO RFE.
Good luck.
No confirmation/updates after I filed interfiling request.
Just two signs recently,
a. I didn't receive any 485 denial notice after my concurrently filed NIW 140 was rejected,
b. I called USCIS several time after my NIW was denied. Everytime I was told my 485 was still pending.
Just two signs recently,
a. I didn't receive any 485 denial notice after my concurrently filed NIW 140 was rejected,
b. I called USCIS several time after my NIW was denied. Everytime I was told my 485 was still pending.
madgu-gc2005
Registered Users (C)
jkss12!!!
you should send it to texas.
you should send it to texas.
inter-file experience
Hi madgu-gc2005,
tellan mentioned in his post that even you had a successful inter-file. Can you, please, post details of your success story. Did you get any indication of processing of inter-file request, even an update in online status of your I-140 or I-485 cases?
Hi madgu-gc2005,
tellan mentioned in his post that even you had a successful inter-file. Can you, please, post details of your success story. Did you get any indication of processing of inter-file request, even an update in online status of your I-140 or I-485 cases?
Was there any update to online case tracking of your I-140s or I-485 around the time you filed inter-file requests?
madgu-gc2005
Registered Users (C)
No comfirmation/update after I filed interfiling request
* 485 concurrently with 140 NIW: PD 9/30/2005, transferred to NSC in May 2006, LUD 10/20/2006, AD 6/14/2007
* FP: 1st 12/??/2005, 2nd 3/15/2007
* request for interfiling 485 with the approved EB-1b: 7/5/2006
* re-addressed my interfiling request in my response to NIW RFE 11/20/2006
Thanks Madgu-gc2005
I have been tracking this thread for almost two years. Thanks everyone for the input here. It's such a wonderful place!
My case is simmilar to OOOOO's. New I-485 based on EB1a was approved on Sep. 6, 2007.
Current Status: Notice mailed welcoming the new permanent resident.
I got the emails for my whole family.
Here is the info for your reference:
I-140 (EB1a, EB1b, EB2-NIW): VSC
PD August 2005,
AD Jan. 2006
Approved at the same day.
I-485 (NIW): still pending
RD: Sep. 2005, VSC, to TSC Mar. 2007, to NSC May 2007
FP1: Oct. 2005,
FP2: May, 2007
FP3: Aug, 2007 (I got this one after I called NSC, code2)
I-485(EB1a), NSC, Approved
RD: Mar. 2007
FP: Jun. 2007 (I called NSC to request this one)
AD: 09/06/07
Notes:
1. NC was cleared after writing to FL: letter sent April, 2007, NC cleared one month later, result informed by FBI.
2. tried to relink my first I-485 to EB1a when the PD was current July 2006 through mails and phone calls, never got any response.
3. applied 2nd I-485 after 9months relink attempt and DOS prediction of EB2 retrogression
4. Latest LUD was 8/24 on two types I-485. Many LUD during the whole process: 1st FP done, transfer, code 2 FP done…
5. called NSC several times recently by POJ method, was told everything was ready, but No visa # assigned, was in the staging area… (sometimes still told NC pending)
6. contacted congressman, senators: Useless.
Good luck to everyone!
My case is simmilar to OOOOO's. New I-485 based on EB1a was approved on Sep. 6, 2007.
Current Status: Notice mailed welcoming the new permanent resident.
I got the emails for my whole family.
Here is the info for your reference:
I-140 (EB1a, EB1b, EB2-NIW): VSC
PD August 2005,
AD Jan. 2006
Approved at the same day.
I-485 (NIW): still pending
RD: Sep. 2005, VSC, to TSC Mar. 2007, to NSC May 2007
FP1: Oct. 2005,
FP2: May, 2007
FP3: Aug, 2007 (I got this one after I called NSC, code2)
I-485(EB1a), NSC, Approved
RD: Mar. 2007
FP: Jun. 2007 (I called NSC to request this one)
AD: 09/06/07
Notes:
1. NC was cleared after writing to FL: letter sent April, 2007, NC cleared one month later, result informed by FBI.
2. tried to relink my first I-485 to EB1a when the PD was current July 2006 through mails and phone calls, never got any response.
3. applied 2nd I-485 after 9months relink attempt and DOS prediction of EB2 retrogression
4. Latest LUD was 8/24 on two types I-485. Many LUD during the whole process: 1st FP done, transfer, code 2 FP done…
5. called NSC several times recently by POJ method, was told everything was ready, but No visa # assigned, was in the staging area… (sometimes still told NC pending)
6. contacted congressman, senators: Useless.
Good luck to everyone!