Hi,
I saw some comments about about filing a second 485 while one is pending.
I have an appoved NIW 140 petition based on working in an underserved area and which i filed concurrent 485 in 10/05 with NIW 140.
you have to work for 5 years in underserved area if you are NIW.
Subsequently, I got a PERM based 140 approved .
my lawyer advised upon completion of my 3 year J1 waiver committment , to transfer my 485 from NIW petition to PERM petition to avoid 2 more years of waiting in underserved area with a bad employer.we ask for transfer in 7/06.
However, the vermont center has since sent us two RFE as if they are continuing to process it as an NIW petition.
My lawyer initially told me that I cannot file another 485 while one is pending and the choice is to withdraw first one and file a new one with nebraska or keep waiting and send reminders for change.
After seeing comments on this forum about filing multiple 485 I asked my lawyer and she appears to be receptive and agrees there is not written guideline about it.
any one who has done it or if there is any written memo/law that you know about or there could be potential problems if i file a second 485 while one is pending.
Any input will be greatly appreciated.
thanks,
I saw some comments about about filing a second 485 while one is pending.
I have an appoved NIW 140 petition based on working in an underserved area and which i filed concurrent 485 in 10/05 with NIW 140.
you have to work for 5 years in underserved area if you are NIW.
Subsequently, I got a PERM based 140 approved .
my lawyer advised upon completion of my 3 year J1 waiver committment , to transfer my 485 from NIW petition to PERM petition to avoid 2 more years of waiting in underserved area with a bad employer.we ask for transfer in 7/06.
However, the vermont center has since sent us two RFE as if they are continuing to process it as an NIW petition.
My lawyer initially told me that I cannot file another 485 while one is pending and the choice is to withdraw first one and file a new one with nebraska or keep waiting and send reminders for change.
After seeing comments on this forum about filing multiple 485 I asked my lawyer and she appears to be receptive and agrees there is not written guideline about it.
any one who has done it or if there is any written memo/law that you know about or there could be potential problems if i file a second 485 while one is pending.
Any input will be greatly appreciated.
thanks,