EB2 Application Process

[userip]

Hello,

In EB3,I had filed 'Labor certification', I-140 and I-485.
I started EB2 process, and have completed 'Labor certification'.

Do I/company have to file BOTH I-140 and I-485 ?

What happens to old EB3 I-485 ?
How does EB3 PD get ported to EB2 ?


Thank You.

 

[ginnu]

Hello,

In EB3,I had filed 'Labor certification', I-140 and I-485.
I started EB2 process, and have completed 'Labor certification'.

Do I/company have to file BOTH I-140 and I-485 ?

What happens to old EB3 I-485 ?
How does EB3 PD get ported to EB2 ?


Thank You.

once the second EB2 I-140 gets approved then request for Interfiling with Pending I-485. Write your A# on second I-140 form
for PD recapture the lawyer should attach the copy of EB3 I-140 approval when file second EB2 I-140 and EB2 I-140 form should have your A#.

 

[userip]

Thanks.
Please tell, after EB2 I-140 gets approved what is procedure to 'request for Interfiling' ?
In this is SAME EB3 I-485 used ?

Can I file second EB2 I-485 ?
If yes, is there any advantage in doing so ?

 

[ginnu]

Thanks.
Please tell, after EB2 I-140 gets approved what is procedure to 'request for Interfiling' ?
---------------------once EB2 I-140 gets approved and your employer/lawyer gets I-140 approval notice then your lawyer should write a letter to USCIS to INTERFILE the EB2 I-140 with Pending I-485 reciept#..... . Layer writes your A# on letter, your Name, DOB and attach Copy of Pending I-485 reciept and copy of EB2 I-140 approval notice. Lawyer requests the USCIS to approve the Pending I-485 on the base of Second EB2 I-140.

In this is SAME EB3 I-485 used ?
----------------------Same I-485 can be used.

Can I file second EB2 I-485 ?

---------------------Yes you CAN file second I-485 and on second I-485 write your A#.
If yes, is there any advantage in doing so ?
---------------- It only means that you will pay again for second I-485 and your second file will be easy to locate. If you plan to file second I-485 ask your lawyer to recapture the early EB3 PD when he files the EB2 I-140.

*** one can only interfile the Second I-140 if I-485 is Pending.

 

[userip]

Thanks.
So my options are:
1. Use EB3 I-485 with approved EB2 I-140 (Interfiling)
2. File new I-485 for EB2 with approved EB2 I-140, provided PD EB3 is current.

While searching, I came across http://www.murthy.com/print/n_staiss_P.html. Quote:
"Multiple I-485 Filings Not Advisable: While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time."

 

[ginnu]

For details and more info talk to your lawyer according to your situation.

 

[userip]

Thanks ginnu.

Others who went from EB3 to EB2, please tell of your experience.

 

[userip]

Thanks.
Please tell, after EB2 I-140 gets approved what is procedure to 'request for Interfiling' ?
---------------------once EB2 I-140 gets approved and your employer/lawyer gets I-140 approval notice then your lawyer should write a letter to USCIS to INTERFILE the EB2 I-140 with Pending I-485 reciept#..... . Layer writes your A# on letter, your Name, DOB and attach Copy of Pending I-485 reciept and copy of EB2 I-140 approval notice. Lawyer requests the USCIS to approve the Pending I-485 on the base of Second EB2 I-140.

For new EB2 I-485 application, the individual has to be present in US.

Please tell, if for 'Request for Interfiling' (using EB3 I-485) letter, does the individual have to be present in US ?

 

[ginnu]

For new EB2 I-485 application, the individual has to be present in US.
----------------YES
Please tell, if for 'Request for Interfiling' (using EB3 I-485) letter, does the individual have to be present in US ?
-------NO but you should be able to enter US on H1 visa or with valid AP if go out.

--------