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EA approved, relink I-485?
- Thread starter Newhope2005
- Start date
NIW-Nov 04
Registered Users (C)
Good luck OOO !!!
http://www.immigrationportal.com/showthread.php?p=1434785#post1434785
It seems the VSC will automatically link the 485 to approved 140. Hope it will be the case for us too
Good luck to everyone
It seems the VSC will automatically link the 485 to approved 140. Hope it will be the case for us too
Good luck to everyone
Interfilling
Hello everyone,
I have the similar situation as you. The difference is my husband has a pending NIW I140 and I485 filed on September 2005, and I have a labor based EB2 I140 approved recently with a priority date April 2004. In this June, my priority date will become current. My lawyer suggest me to do the interfilling and transfer our pending I485 over to my approved I140. My husband's NIW140 and I485 was filed to VSC, but on May 11, 2006 they were transfered to NSC. I have my Labor based I140 filed to NSC.
It is good to hear that you can do the interfilling with two I140 filed by the same person. Does anyone know the possibility of doing interfilling between spouses?
Thanks and good luck to all of you!
Hello everyone,
I have the similar situation as you. The difference is my husband has a pending NIW I140 and I485 filed on September 2005, and I have a labor based EB2 I140 approved recently with a priority date April 2004. In this June, my priority date will become current. My lawyer suggest me to do the interfilling and transfer our pending I485 over to my approved I140. My husband's NIW140 and I485 was filed to VSC, but on May 11, 2006 they were transfered to NSC. I have my Labor based I140 filed to NSC.
It is good to hear that you can do the interfilling with two I140 filed by the same person. Does anyone know the possibility of doing interfilling between spouses?
Thanks and good luck to all of you!
NIW-Nov 04
Registered Users (C)
Since your request to interfile had zero impact what do you plan on doing. I dont think you should give up easiliy.
Thank you all for the advice. I am planning to make an infopass appointment.
I made a call on Friday to TSC and based on the person i spoke with if I have two I140 approved, their system will choose an earlier PD to follow with the I485. Does that mean I don't have to send in any more requests ?
good luck
I made a call on Friday to TSC and based on the person i spoke with if I have two I140 approved, their system will choose an earlier PD to follow with the I485. Does that mean I don't have to send in any more requests ?
good luck
ooooo said:Hey NIW-New,
still no news for me. I have a LUD on my I485 on 7/13 and 7/14 but since then nothing. probably they did do sth. My EB1 PD is current.
Many thanks, OOOOO.
We are in the same boat. I sent a letter to NSC to transfer my pending I-485 from NIW to OR on 6/19/06. I only saw LUD on my OR on 7/8/06, nothing else. I really don't know if it got transfered or not. I am planning to write another letter to inquire it. By the way, do you get any information through the local office? Thanks
Hey,
I got no useful advice from local office, they basically just suggested me to to send it the PD transfer request directly to the service center where the 485 is pending, which i have done twice.
How to request an inqury on this ? just send in a letter ?
Anyways, keep me posted about your case.
I got no useful advice from local office, they basically just suggested me to to send it the PD transfer request directly to the service center where the 485 is pending, which i have done twice.
How to request an inqury on this ? just send in a letter ?
Anyways, keep me posted about your case.
I have similar experience to NIWnew. My request was sent in 2005, and recently saw a couple of LUD updates on the OR I-140, which I requested to transfer the I-485 to. So, I reasonably assume the I-485 is attached to the OR I-140 now, because the NIW I-140 has never been updated/touched.
The first LUD update for my OR I-140 was in March, when NSC started pre-adjudicating I-485.
The first LUD update for my OR I-140 was in March, when NSC started pre-adjudicating I-485.
Interfiling possible see quote from murthy.com
Approved I-140s and Job Mobility - Transfer of the Earlier Priority Date
The priority date from an approved, valid I-140 petition may be transferred to a new I-140 petition. This is another situation in which premium processing would prove advantageous. Since I-140 premium processing would allow for faster approval of the I-140 petition, the priority date potentially then would be available for transfer to a later-filed employment-based green card case, at the I-140 stage. This later-filed I-140 petition could be with the same employer (for a different job) or with a new employer in a new position.
Transfer of the Earlier Priority Date : EB3 to New EB2
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.) This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
Approved I-140s and Job Mobility - Transfer of the Earlier Priority Date
The priority date from an approved, valid I-140 petition may be transferred to a new I-140 petition. This is another situation in which premium processing would prove advantageous. Since I-140 premium processing would allow for faster approval of the I-140 petition, the priority date potentially then would be available for transfer to a later-filed employment-based green card case, at the I-140 stage. This later-filed I-140 petition could be with the same employer (for a different job) or with a new employer in a new position.
Transfer of the Earlier Priority Date : EB3 to New EB2
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.) This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.