EA approved, relink I-485?

I refiled I-485 after trying to Interlink But Alien Number is Different

skvadivel said:
Quite confussing. IF I understood rightly, You have same A# for I-140 (NIW), I-140(OR) and I-485 (based on pending NIW).. A new A# for I-485 based on OR. People have filed muliple 485s. When did you file. Because July filling would have resulted in overlooking all the A#s.
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Yes. That's true.I applied on Aug 16- the very lst day of filing under the old fees. Nonetheless, now that I have ended up with two different A-numbers, I don't know how it will play out. Does anybody else in this forum had two different A-numbers for multiple I-485 filings. Please share your toughts.

Thanks!
 
I think that should not create a any big confusion, because you wont have any priority dates (if you are from Retrogressed country) for your NIW. So obviosuly your I-485 based on NIW would stay for a while. When you get FP notice, have a look at your A# so that you may know which one is under progress.
 
My EB1-EA I-140 approved (see my signature). The notice clearly says:
The above petition has been approved. The person this petition is for will be notified separately when a decision is reached on his or her pending adjustments of status application.
Do I need to interlink my I-485? or wait for the approval of I-485.

Thank you
 
geleya said:
My EB1-EA I-140 approved (see my signature). The notice clearly says:
The above petition has been approved. The person this petition is for will be notified separately when a decision is reached on his or her pending adjustments of status application.
Do I need to interlink my I-485? or wait for the approval of I-485.

Thank you
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I have found that there is no benefit of interlinking for EB1s. The EB1 is almost always going to be current. By interlinking, you are potentially delaying the processing of your application by about 3 months or more. The letter of request you write to interlink takes extra time to be processed and if you have 2 different A# numbers already, then you will have a much longer wait.
 
geleya said:
My EB1-EA I-140 approved (see my signature). The notice clearly says:
The above petition has been approved. The person this petition is for will be notified separately when a decision is reached on his or her pending adjustments of status application.
Do I need to interlink my I-485? or wait for the approval of I-485.

Thank you
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Your 485 was filed under NIW?
 
I applied my I-485 for approved I-140-NIW but not with I-140-EA. Now I am thinking to interlink I-485 from approved NIW to approved EA (I140). In my approved I-140-EA clearly says :
"The above petition has been approved. The person this petition is for will be notified separately when a decision is reached on his or her pending adjustments of status application".
What to do?
 
My attorney adviced me not to interfile. Let me quote her -

We can ask for your current AOS to be transferred to your EB1 approval, but please note that there is no guarantee this will happen. There is no form to request a transfer--we simply send a letter of request. Because there is no form, this means the USCIS also does not issue a receipt notice of the request. For this reason, we generally have no way of knowing if the transfer request has been granted or not. Instead, because the EB2 category is retrogressed for those from India, and because the transfer request is not reliable, we recommend you file another AOS based on the EB1 approval.
 
I agree 100% with dallasdoc. I am pasting some text from my prev post below. If you want a sure fire way to do it, file for a second 485. if you want to depend on your luck (need a lot of it), then send them a letter to relink and pray.. There is a lot of info on this topic. You need to go to the older postings. The scenario has not changed over time - same uncertained if you send a letter. I think barely a couple of people have managed to get it done. Rest in limbo land..Now the text from a old posting of mine..thanks and good luck.
Ela

You may have to research a little on this forum (you can probably read old postings of this thread). Based on my own experience relink does not work and an easy way to get around that problem is to file a second 485 (people might scare you). However, there are people (who have posted in this thread) that have managed to file the second 485 and got an approval in less than 4 months or so.

Check the posting of 00000 on August 7th in this same thread which shows 2nd 485 was successful and relink does not work. You will find some more if you go far back...

Relink is a hit and miss story. If you want a remedy that is sure to work, try second 485.

Consult your lawyer too. Usually, they don't want to invest time to file second 485 (no extra $$ there) and so might discourage. Be specific and ask him/her what is the draw back in filing second 485. Usually, USCIS sends out a RFE asking you which 485 you want to pursue and at that point you choose your new 140 and the relink is done.

By the way, there is no fax# for sending in the relink request. You have to send out a letter giving out the details and requesting for relink. In fact, that is the major problem in relinking. You just send out the postal mail/fedex and nothing happens after that. There is documented evidence including my case (and many others in this thread) that even after 6 months nothing much happens. You cannot call and find out the status. Simply put, it is a black hole. There is NOTHING that you can do to check the status or to ensure that it happens. I have a feeling that since it is a non-routine thing (relinking), they put it under "problem file" and it sleeps there..

You are relinking presumably to save time and so I sending the letter to a black hole does not serve the purpose. Research the forums, consult the lawyer and then decide.

Good luck.
Ela

geleya said:
I applied my I-485 for approved I-140-NIW but not with I-140-EA. Now I am thinking to interlink I-485 from approved NIW to approved EA (I140). In my approved I-140-EA clearly says :
"The above petition has been approved. The person this petition is for will be notified separately when a decision is reached on his or her pending adjustments of status application".
What to do?
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I will not worry much about it. The way, I look at it, when one is ready to get approved, they will realize that you have 2 on file (based on SSN) in which case they will send a RFE asking which one you want to process. Then you make the choice.

Other argument - what if they don't connect the two. You just enjoy the green card thro whichever appln they process.

Filing a second 485 is NOT a crime. So, you have not done anything wrong. If they cannot tie them together, I don't think it is your problem. Basically the 485 (I was told) and the 140 (the basis) should both meet - send 485 to 140 center or vice versa.

Just wait and watch. You have not done anything wrong.
Ela

what_nonsense said:
skvadivel, thanks for your quick reply. In fact the A-number on the refiled I-485 is not even the sme as the second EB1-OR I-140. actually EB1-OR I-140 had the A-number that was on my first I-485 which was filed with the original I-140 under EB2. It looks like they changed my A-number after I refiled with the new EB1-OR I-140. I am really puzzled. Also, I refiled I-485 and sent it to TSC as required. But my refiled I-485 was transferred to NSC where I had the second EB1 OR I-140 approval. So now I have two I-485 pending: one at TSC under EB2-NIW I-140 and the other at NSC under EB1-OR I-140 and both under different A-numbers. This is really strange. I wonder what I should do and what will eventually happen.

Thanks for your thoughts.
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You should file at NSC. They will probably request for the 140 from TSC..
thanks
ela
lakksh said:
Hi ela6.

U know I was worrying two weeks before that my I-140 (TSC EB1-EA) was pending and planning to send I-485 to NSC because of direct filing rule. We were discussing the possibilities of transfer of my pending I-140 to NSC from TSC. On the next two days, i got my I-140 approved at TSC and now I have already sent i-1485 to NSC only because I live in midwest.

Is it a case to send I-485 to a center where I-140 is pending/approved. But due to direct filing rule, one has to send I-485 to either TSC or NSC depending on the applicant's living/working place. My lawyer told me that I should file I-1485 with NSC only because of this new rule eventhough I-140 was approved at TSC.

what do you think. thanks
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ela6,
Thank you for the detailed information about whether I should submit new I-485 or relink. I will go through the older links as u suggested and try to consult good lawyer.
EB1-EA I-140 approved notice clearly says:
The above petition has been approved. The person this petition is for will be notified separately when a decision is reached on his or her pending adjustments of status application.
What do you think about this!
 
If the A#s was included in the 140-EA, then there is a slight chance that it got linked when they got the applicaton. This could explain the notice. Usually they don't comment on the pending 485 (you will hear separately, etc). That is what surprises me..Keep an eye on the LUD of 485. Since you got the FP done you might see a LUD on 485.

I agree with you, it is confusing. I will give it about 2-3 months to see if the 485 gets approved. If 485 processing date crossed your application date, you can call and request a status update. That might give a jolt to the case and if it is relinked, then you might get the approval.. thanks
Ela


geleya said:
ela6,
Thank you for the detailed information about whether I should submit new I-485 or relink. I will go through the older links as u suggested and try to consult good lawyer.
EB1-EA I-140 approved notice clearly says:
The above petition has been approved. The person this petition is for will be notified separately when a decision is reached on his or her pending adjustments of status application.
What do you think about this!
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ela6,
Thanks for your suggestion to wait and see for few months. It clearly says about my adjustment of status. I asked few of my friends who had EB1 approved. They dont have sentence like mine in I-140 approval letter.
In my approved EB1-EA I-140 there is no A#.
 
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Two Alien Numbers

ela6 said:
I will not worry much about it. The way, I look at it, when one is ready to get approved, they will realize that you have 2 on file (based on SSN) in which case they will send a RFE asking which one you want to process. Then you make the choice.

Other argument - what if they don't connect the two. You just enjoy the green card thro whichever appln they process.

Filing a second 485 is NOT a crime. So, you have not done anything wrong. If they cannot tie them together, I don't think it is your problem. Basically the 485 (I was told) and the 140 (the basis) should both meet - send 485 to 140 center or vice versa.

Just wait and watch. You have not done anything wrong.
Ela
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Hi experts,

Those of you who filed two I-485 under eb2 and then under EB1, Could you please tell me which one did you use for EAD and AP. I currently have the EAD under the old I-485 filed with EB2-NIW. I have subsequently filed a second I-485 under EB1 in August 2007. My question is what happens to the EAD after I filed a second I-485 under EB1. I beleive it remains valid. However, before the current EAD expires, should I have my EAD renewed using the old I-485 or apply for a new one under the new I-485 filed under
EB1?

Thanks for your input.
 
My understanding is that the EAD rides on the 485 that was based on. So, if your old 485 is closed, you may have to apply for new. But, in reality, if they come to the point of asking you which one you want to choose, my guess is that they are ready to approve your gc. Just my opinion. thanks
ela
what_nonsense said:
Hi experts,

Those of you who filed two I-485 under eb2 and then under EB1, Could you please tell me which one did you use for EAD and AP. I currently have the EAD under the old I-485 filed with EB2-NIW. I have subsequently filed a second I-485 under EB1 in August 2007. My question is what happens to the EAD after I filed a second I-485 under EB1. I beleive it remains valid. However, before the current EAD expires, should I have my EAD renewed using the old I-485 or apply for a new one under the new I-485 filed under
EB1?

Thanks for your input.
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ela6 said:
My understanding is that the EAD rides on the 485 that was based on. So, if your old 485 is closed, you may have to apply for new. But, in reality, if they come to the point of asking you which one you want to choose, my guess is that they are ready to approve your gc. Just my opinion. thanks
ela
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Ela6:

Thanks for your input. The problem is that at this time both my I-485s are pending. The EAD that I currently have expires in June 2008. Even though, for me EAD is just for back-up as I am on H1B, I would like to renew my EAD next year. At that point if both I-485s are still pending, I will have th option of getting my EAD based o either of the I-485s. So which one did people in this forum chose for renewing their EADs. Old I-485 or the new EB1 I-485?

Thanks!
 
Yes, a lot of people will have similar situation including myself. I wont forsee any problem in applying another EAD based on i-485 filled after Aug07
 
When RFE comes, you will be chosing the new one and so you should renew your EAD based on the new one. Check with your lawyer. If you are abandoning the old one, there is no reason to renew EAD based on the old one
what_nonsense said:
Ela6:

Thanks for your input. The problem is that at this time both my I-485s are pending. The EAD that I currently have expires in June 2008. Even though, for me EAD is just for back-up as I am on H1B, I would like to renew my EAD next year. At that point if both I-485s are still pending, I will have th option of getting my EAD based o either of the I-485s. So which one did people in this forum chose for renewing their EADs. Old I-485 or the new EB1 I-485?

Thanks!
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ela6 said:
When RFE comes, you will be chosing the new one and so you should renew your EAD based on the new one. Check with your lawyer. If you are abandoning the old one, there is no reason to renew EAD based on the old one
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Thanks a lo! Will keep you all posted.
 
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