EB2 Approved EB1 RFE 485?

tufguy

Registered Users (C)
I have an already approved EB2 (PD Sep 2006). Since EB2 had retrogressed, last year I had filed concurrently under EB1-OR for 140 and 485. Recently I received a RFE on my EB1 140 case (see my other thread on this RFE) I am currently compiling all of the documents to reply to this RFE. I am hopeful I will be approved after my RFE reply.
I have a question - if in the worst circumstance my EB1 140 gets denied, what will happen to my 485? Will it be denied too or can I get it linked to my EB2 140? Since my EB2 is not current right now, I am not sure if linking is even a viable option? I definitely want to save 485 as if it gets cancelled than our EADs will get cancelled and my wife may not be able to work.
Any recommendations if I can do anything to keep our EADs alive if the EB1 140 gets denied?
 
If your I-140 based on the EB1-OR is denied, then the I-485 is also denied with it together.

You can not transfer this I-485 to your EB2, because USCIS said that the I-485 is transferable only if that I-140 (EB1-OR in your case) is approved first.

http://www.greencardapply.com/i485.htm
 
Top