Filed Concurrently but 140 being changed to EB3. Will 485 be sent back?

I see a new LUD for today for my 140 but no change in msg. I am just hoping for a quick approval now. Keeping my fingers crossed for approval and no action on 485 app for now. My FP is schedule for 11/23
 
My 140 was approved (but downgraded to EB3) on 11/9. No mention on 485 yet. Have Fp next week. Keeping my fingers crossed on that one.
 
Update. Did my FP last week. LUD changed for 485 after FP but not the msg. Seems like that is normal for NSC who do not change the msg that FP has been received. FBI confirmed that they had completed and sent back results within hours.
No new LUDs on EAD and AP. Does that mean that they are both valid for me/wife to use?
 
dcmetro,
I am in the same boat....my lawyer screwed me over....he put in section 14, BS+3 years and section 15 Masters+ 1 year. I have a Master's + 4 years of experience....He told me file as EB-3....I told him file as EB-2 and I want to take my risks....I am still waiting....I got AD and EAD is on the way...but they haven't looked at my I-140, yet...so I don't know what's going on.....please let me know what happened to your case...did you fight it out with them? Did they deny everything altogether? I appreciate your input on this matter since you are the closest to my scenario.

Thank you and Good Luck.
 
As I wrote in my PM to you, since I was in my 7th yr I had to play it safe and accepted the EB3 offer. I was plesantly surprised (and lucky) that my EAD and AP did not get canceled. No movement/LUD since then.
 
So, if I understood you correctly, you can't use the EAD or AP that you got when you originally filed under EB-2?
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As far as I understand, I can since they were not canceled. I talked to my lawyer about using AP for travel and he did not raise any alarm as well.
 
kae_jolie said:
dcmetro,
I am awaiting your reply since I have EAD on the way now. I already got AP, but I am worried I may lose both of them in case my I-140 gets downgraded to an EB-3 from EB-2....please let me know if they canceled your EAD and AP when they downgraded your I-140 case. Also, did you have a Master's at the time you joined the company?

Thank you very much.
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In my case, as I mentioned earlier as well, my AP and EAD did not get canceled. Maybe I was lucky or something. You'll have to wait and watch for a month or so after you see the approval on your 140. I know its a mental pain but I had to go thru that as well. I wish you luck on that.
As for Masters, yes I had the masters since a long time back.
 
dcmetro,
Do you have to renew your H1-B every year now or what? So are they going to hold onto your I-485 until a visa number becomes available? Have they simply forgotten to cancel your application or they purposely left it as is. I think you need to verify these things and make sure you don't have to renew your H1-B...because a scenario might happen in which you don't renew your H1-B and a year passes and they cancel your application for I-485 because they've forgotten earlier, then what's going to be your status? Let me know if you have answers to some of the questions/issues I raised.

Thank you.
 
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