EA approved, relink I-485?

I agree with every words ela6 said.

Interfiling is just hard to follow and you only rely on your luck or the mercy of the USCIS.

I think i wasted almost 5 month not filing a second 485 right after the EB1 PD become current last Aug for my case.

Good luck everyone
 
Thank you all, I got so many good responses. My attorney suggested to relink so that we can save some money on refiling. I read a couple of cases where people succeded in relinking without any updates before approval. It sounds scary without any updates, which probably will drive me crazy. Thanks for all your messages.
 
Closeby,
When I filed my 485 couple of years ago, the PD was current, there was no retrogression for any country. 4-5 months later, all of a sudden, out of nowhere the regression came in. Everything went donw hill from there. I tried and tried relinking, with no success. I ended up paying $2000 (just for relinking) to a lawyer who claimed that he could get that done by calling, etc. The mere fact that I paid $2000 to relink will show you how hopeless the situation was. Fortunately, the PD became current now. However, with the new bill going on, they are threatening to cut down the immigration visas (check www.immigrationvoice.com) which will make the PD situation worse. I am worried that they could roll back the dates and I might get caught in retrogression again.

Why go thro these uncertainties? Just file a second 485, get it thro (sure fire way). Lawyers discourage you to do it because they need to do the extra work again. They just want to send a letter and forget about it. Right now, you have the opportunity to file 485 with lower fees (it is going up shortly).

Even the couple of people who got it done did take up several different measures and so it is not easy or guaranteed. Most times, you accidentally get in touch with a sympathetic soul (whom you can rarely find) who fixes the proplem. You don't know how may times I had tried to call the customer service and tried so many different tactics to get it moving,, no luck. I tried to contact the local senator and have waited for two months with no response. Everybody backs off since this is out of the ordinary. I tried to go to infopass, no luck. I wrote the email address for the service center, they returned the email saying that they no longer accept inquiries thro email (which is not true - they sometimes do answer emails which is more straight forward). Time and again, all I saw was failures.

You probably should base your decision based on the majority of cases (which did nto succeed) rather than the minority who were lucky. We did not know the issues with the interfiling and so went and did it. Now that you know the plight of everyone, you should reconisder your decision. Do NOT depend on the lawyer's advice. How many relinks did he do in the past year (I bet close to zero). They talk about theory, practical issue is quite different.

If you ask me, paying $650 ( I think that is the refiliing fee is) is a extremely small price to pay for making your future certain. If your lawyer does not want to file again, you can always file it yourself using your old 485 package as template. I have filed mine on my own and there are several others here who have done the same.

Intially, the new immigration bill (which they are debating right now) looked positive for reducing the retrogression. However, they are introducing several amendments to alter the # of visas negatively.

Think about this, would you rather get your green card in 3 months or try your luck!! My single piece of suggestion is NOT to depend on lawyer's advice alone. They just want your money and do as little as possible. My lawyer told me that I needed to have like a Noble prize to get thro NIW as he was not experienced with NIW process and I proved him wrong. They don't necessarily have the experience in every possible scenario..

One more thing, even the people who got lucky, could not pin point their reason for success. They knew one of the routes worked and they don't know which one. I have tried each one of those routes, however, it did not work for me.

Sorry, if I sound very aggressive. I just want to save someone from agony.
Thanks
Ela


Thank you all, I got so many good responses. My attorney suggested to relink so that we can save some money on refiling. I read a couple of cases where people succeded in relinking without any updates before approval. It sounds scary without any updates, which probably will drive me crazy. Thanks for all your messages.
 
Thank you, Ela6

Thank you so much, Ela6. Your experience convinced me not to relink the case. I agreed with you that most attorney is useless. My GC process started in 2004, but the attorney eventually submitted my LC application on August 29, 2005! Also, she made my case very week instead of being strong as a tenure-track professor. Anyhow, this March I filed EB-1b, I wrote all the letters and prepared all the materials. I initially did not want to have an attorney, but my college liked to have one since the college is paying every cent. You are also right that my attorney did not even know there is such a RELINK function until her boss mentioned to her recently.

I will take you suggestion, and forget about the RELINK. The only difficulty I have is that I am leaving USA for a couple months (summer vacation), so I could not file another 485 right now. Hopefully when I come back in August, the PD is still current.

I am very sorry for your bad experience, and wish you good luck!
 
Is my Greencard Valid

Here is my situation and would like to get your advise.
Filed I140 & I485 concurrent in March 2004 for Future employment. My Priority date is July 2002 (India) Job Position – Accountant. I140 was approved and I485 pending. I send a request in November 2006 to withdraw the application and send 2 more withdrawal requests in May 2007.

I started a new Job as a Software Programmer with another company. Filed labor under perm in Feb 2007 got approved. Filed new I140 premium processing – Nebraska office and capture the old priority date and got approved on 06/05/07 from TSC. I did attach a copy of withdrawal request for I485 with my new I140 application.

Before I could submit my new I485 based on new I140, as priority dates are current for India, My old I485 got approved on 06/06/07 from TSC.

My questions are:
Ho do I find out what exactly happened, to the withdrawal requests. Is this I485 approved in ERROR?

Did Texas Service Center link my new I140 to old I485 and it got approved.
I cannot assume that the withdrawal request never got into my file as I attached a copy of the same with the new I140 application.

Issue that bothers me is what would happen when they will receive all the
withdrawal requests we send via certified mail, can they cancel the approved petition then based on those requests received later?

In this situation what should be my course of action.
 
I don't know the answers for all aspects of your case. However, I am a strong believer that they rarely act on relink requests. Your req for withdrawal might face the same consequence. I agree that it might be on your file, but guess what nobody is ever going to bother to read/act on it.

Check with your lawyer, My recollection is that they cannot revoke the 485 unless they expect fraud, etc. You never did any fraud.

You will have to remember, they barely work on straight forward cases and they do not worry about working on out of the ordinary situations. Based on that,they are most likely not going to ever read your letter, etc. Only time, things would have come to surface is when (if) you had submitted the new 485. Lucky for you, you did not submit it.. So, I think you need to quit worrying and start enjoying life.

Check with your lawyer for the final word..
Here is my situation and would like to get your advise.
Filed I140 & I485 concurrent in March 2004 for Future employment. My Priority date is July 2002 (India) Job Position – Accountant. I140 was approved and I485 pending. I send a request in November 2006 to withdraw the application and send 2 more withdrawal requests in May 2007.

I started a new Job as a Software Programmer with another company. Filed labor under perm in Feb 2007 got approved. Filed new I140 premium processing – Nebraska office and capture the old priority date and got approved on 06/05/07 from TSC. I did attach a copy of withdrawal request for I485 with my new I140 application.

Before I could submit my new I485 based on new I140, as priority dates are current for India, My old I485 got approved on 06/06/07 from TSC.

My questions are:
Ho do I find out what exactly happened, to the withdrawal requests. Is this I485 approved in ERROR?

Did Texas Service Center link my new I140 to old I485 and it got approved.
I cannot assume that the withdrawal request never got into my file as I attached a copy of the same with the new I140 application.

Issue that bothers me is what would happen when they will receive all the
withdrawal requests we send via certified mail, can they cancel the approved petition then based on those requests received later?

In this situation what should be my course of action.
 
A- New- Day- Has- Come-

On June 14, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you...

* 140 NIW: PD 9/30/2005, transferred to NSC in May 2006, RFE 8/11/2006, response to RFE 11/20/2006,(I'm gambling here. I didn't provide any new evidence. Because my 140 EB-1b was approved. I only re-addressed my interfiling request in my response to NIW RFE), REJECTED 4/2/2007:mad: :mad: :mad:
* 140 EB-1b: PD 9/30/2005, AD 4/17/2006 kept in VSC:)
* 140 EB-1a: PD 9/30/2005, transferred to NSC in May 2006, RFE 6/??/2006 abandoned:(
* 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). :(

Good luck to everyone!
 
Last edited by a moderator:
see this http://www.immigration.com/fromtheagency/nsc61207.html for NSC

According to the center interfiling requests usually occurs in two broad categories. For the first category, the cover letter and the documentation submitted with the new I-140 must highlight the request for the petition to be matched to the existing adjustment application. The cover letter can be brightly highlighted with the notation "Inter-file I-140 with Pending I-485," which will also include the receipt and file number for pending adjustment application. In the second category of cases where the I-140 has already been approved the center suggests printing the attached cover sheet on brightly colored paper. While submitting a cover letter providing following information can be mentioned:


Name of Applicant

Name of Petitioner

Receipt No. for I-485

File No. for applicant (A number)

Prior I-140 receipt number, with dates of filing and approval

New I-140 to be inter-filed.

Statement requesting new I-140 be inter-filed with the pending adjustment application.
 
Interfiling/Relinking Query

Guys,

Here is my predicament . Any response is highly appreciated .

My Employer filed my first 140 application (PD Nov 2003) in Nov 2006 which was a labor substitution. But since we did not get a response till March 2007 and my Perm labor was approved by then, we filed a second 140 application (PD July 2006) in March 2007. We got an RFE on ability to pay on the first 140 in April 2007 which we replied to in May 2007. We have not heard anything after that . So as of now both my 140s are pending .

I am now ready to file my 485 as my priority dates on both my 140s are current. So my question is which 140 should I attach my 485 to ?

My problem is if I attach my 485 to my first 140 application and if the 140 gets rejected, then my 485 gets rejected as well.
In that scenario, is there any way to re-attach my 485 application to my second pending 140 application ?

BTW, I am on 7th year H1 extension which will expire next month. we have filed for an H1 extension as well

what do you guys suggest I do ? Waiting for response ...

Thanks

GC23
 
OOOOOO,
Can you please post your experience so far?



It seems someone successfully relinked the 485.

http://web.wenxuecity.com/BBSView.php?SubID=immigration&MsgID=221701

NIW- 140 & 485 filed together on 9-30-05
140 approved on 10-24-05
EB-1a I-140 filed on 3-3-06,and approved on 3-26-06
My attorney filed a document linking approved EB1-a 140 to the I-485 on 7-25-06
call INS on 9-16-06 and got 485 approved email today.

note: 1) you can get your background information from the local INS office;
2) you can link your approved Eb1a 140 to your old pending 485(EB2)so you could get your case current;
3) try to call INS to have an enquiry, which really works!


Thank everyone and I really get lot useful information and benefit greatly from this site.

Good luck to everyone and I believe you guys' cases will be approved very soon!
 
I have no news yet. Now i have two 485 pending at NSC. See my signature for detail.

good luck
 
ooooooo,

1. How did you know that your one case was interfiled with the other as you are refering in your signature? Also, what was the reason for filing the second 485 if you think the interfiling was successfull?

Here is what I have,
1. EB2-NIW I-140 approved, I-485 pending
2. Another I-140 approval from employee filed petition. Surprisingly, the second case I-140 approval had the same A# as the EB2-NIW. Does that there was an automatic interfiling? Or getting same A# for all the pending cases is just normal?

Thanks... i really appreciate your help!!
 
actually i did not know i interfiled successfully or not, that's why i have to file second I485 as many people said interfile request is rarely taken care of.

If your attorney fill in the A# when he did your second I140, it is not surprising you have the same A# but i don't know if that means interfiling is successful or not. A# is usually assigned with I485 not I140.

Is your another I140 has an earlier PD ? otherwise i don't see the reason you should interfiling. All visa number are current now anyway.
 
I really appreciate your response, but I am getting different answers from diff lawyers. I wish some could help me more than what I have. One lawyers even suggested of subimitting this GC back with a new I485 application, I don't know if that would be a wise thing to do, not unless I know for fact that the approved GC is issues in ERROR.
Did you read someplace about the GC being revoked other than Fraud.
I just dont want a surprise when I file for my citizenship.


I don't know the answers for all aspects of your case. However, I am a strong believer that they rarely act on relink requests. Your req for withdrawal might face the same consequence. I agree that it might be on your file, but guess what nobody is ever going to bother to read/act on it.

Check with your lawyer, My recollection is that they cannot revoke the 485 unless they expect fraud, etc. You never did any fraud.

You will have to remember, they barely work on straight forward cases and they do not worry about working on out of the ordinary situations. Based on that,they are most likely not going to ever read your letter, etc. Only time, things would have come to surface is when (if) you had submitted the new 485. Lucky for you, you did not submit it.. So, I think you need to quit worrying and start enjoying life.

Check with your lawyer for the final word..
 
The lawyer wants to file another GC because he wants your money.....
I have never heard of anybody's GC being revoked period.

Do you really think they are going to dig into your green card application/file before processing the citizenship?? Heck no.. My multiple requests asking them to interfile by looking into interfile never worked.

You have not intentionally comitted anything.. Just keep moving along.

If you are worried about your citizenship, they only will make sure that you have a GC and you have lived for the minimum amount of days/years here. I don't think anybody has any time to dig into your file and see how and when they processed your GC.

In my opinion, just go ahead and celebrate.. Alternatively, you can search for some term like "GC revokation" or GC revoke to see if and how anyone's GC got revoked...No one at USCIS has time to even process the applications that they need to process and they are NOT going to dig back into other files..

I really appreciate your response, but I am getting different answers from diff lawyers. I wish some could help me more than what I have. One lawyers even suggested of subimitting this GC back with a new I485 application, I don't know if that would be a wise thing to do, not unless I know for fact that the approved GC is issues in ERROR.
Did you read someplace about the GC being revoked other than Fraud.
I just dont want a surprise when I file for my citizenship.
 
lawyer wants to interfile and NOT file fresh I485

Hi All,

I am new to this forum. From reading the threads I gather that
interfiling does not work. But my lawyer insists that it does and
she wants to interfile my I485 from a pending EB1-EA petition to
an approved EB2-NIW petition.
She further says that having 2 pending I485s might lead to both of them
getting rejected. Can anyone pl. advise me on this. Do I need to find a different lawyer. Or could I just go ahead and file a second I485 for my NIWpetition
myself without a lawyer?
 
hi jvc,

I think what your attorney said is wrong. someone once posted the standard procedure for USCIS to process I485, you can surely have two I485 cases and they will be processed separately.

for you case, you actually can't interfile as if it ever worked ( rarely but there are some posted successful cases) , both of your I140 have to be approved, not one approved, one pending.

I think the best for you is to file a new I485 based on NIW, it will save you a lot of time and effort in your interfile request.
 
thanks ooooo,
Since my lawyer is not willing to do the second I485
I will have to do it myself (or find a different lawyer).
Would there be a problem if the I140 was filed thro
a lawyer and I send the I485 myself (i.e. Do I need to fill
out any additional forms?)
Or is it better to find a new lawyer who will do this.
 
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:mad: , 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.:rolleyes: So I extend my H-1B in case of I-485 denial. :eek:

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,:( (I'm gambling here. I didn't provide any new evidence. Because my 140 EB-1b was approved. I only re-addressed my interfiling request in my response to NIW RFE), REJECTED 4/2/2007:mad: :mad: :mad:
* 140 EB-1b: PD 9/30/2005, AD 4/17/2006:) kept in VSC
* 140 EB-1a: PD 9/30/2005, transferred to NSC in May 2006, RFE 6/??/2006 :( abandoned
* 485 concurrently with 140 NIW: PD 9/30/2005, transferred to NSC in May 2006, LUD 10/20/2006, AD 6/14/2007:D
* 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


hi jvc,

I think what your attorney said is wrong. someone once posted the standard procedure for USCIS to process I485, you can surely have two I485 cases and they will be processed separately.

for you case, you actually can't interfile as if it ever worked ( rarely but there are some posted successful cases) , both of your I140 have to be approved, not one approved, one pending.

I think the best for you is to file a new I485 based on NIW, it will save you a lot of time and effort in your interfile request.
 
tellan,
Its very encouraging to read your reply. I think in this current scenario they will do it. Do you know if the 485 from a pending EB1 application can be connected to a pending NIW application. When in the covering letter for withdrwal of one case I mention that they should connect it.
This is just like all applications should be filed at Nebraska, people send the regular mail to Texas and they accept cases.
In my opinion this interfiling thing will work too because of the complication with 2 485, etc
 
Top