EB2 current - Replace underlying I140 for even earlier PD?

[toprasad]

Current EB2 PD - Aug 2002
I485/AOS pending in TX service centre
Replace with an old and approved I140 - Jan 2001

"Pearson Memo": 06/19/00: New Rule on Replacement of Underlying I-130 or I-140 for Pending 485 based conditions are satisfied

1) The old I140 is valid (not revoked/denied)
2) The PD of the old I140 is current

Should I initiate and file for the replacement of the underlying I-140 and claim the better/earlier PD?

 

[number30]

Current EB2 PD - Aug 2002
I485/AOS pending in TX service centre
Replace with an old and approved I140 - Jan 2001

"Pearson Memo": 06/19/00: New Rule on Replacement of Underlying I-130 or I-140 for Pending 485 based conditions are satisfied

1) The old I140 is valid (not revoked/denied)
2) The PD of the old I140 is current

Should I initiate and file for the replacement of the underlying I-140 and claim the better/earlier PD?

Yes You can do that.

 

[thyramax]

Sure you can, 2002 current anyway, why dont you wait and see.

LAst you wanted to do is to trigger RFE at the time of approval

 

[toprasad]

Replace existing 485's underlying 140

Sure you can, 2002 current anyway, why dont you wait and see.

LAst you wanted to do is to trigger RFE at the time of approval

Agreed.
However, I submitted 485 in Aug 2007 and TSC processing is Apr 2007
Not sure about my chances and PD statying current ????

 

[manwithnoname]

I would still use the substitution as there is no guarantee how long the dates will stay current and how many applicants (of same category) are ahead of me.