Hadron: 485 Transfer From Niw To Perm

[googler1234]

Recently my PERM I-140 was approved. I have sent a letter to NSC requesting the transfer of my I-485 (based on approved NIW physician) to PERM I-140. I sent the letter few days ago, and the LUD of 485 has not changed so far.

According to Pearson Memo, if the PD of I-140 is "current" for the visa number availability, then I-485 can be transferred to subsequent approved I-140. The transfer is NOT possible if the PD of I-140 is NOT "current" for visa number availability. The memo says that the PD [of I-485] may not be transferred to another preference catagory ( I assume like if the transfer is from, as an example, from EB3 to EB1. But Not sure what it really means).

Now, the hypothetical question arises: when should the count begin if the beneficiary would like to invoke 485 Portability Act (which reuires I-485 should be pending for more than 180 days), if 485 was originally filed with NIW and later it was transferred to PERM I-140 ???

 

[farsheedj]

I have exactly same situation but with VSC. In my case i requested the tranfer in July 2006. However, VSC has not acknowledge the reciept of transfer and continue to send me RFE as they are processing it as NIW based petition. I have since then sent them two additional tranfer requests with no response. Based on my research Invoking AC 21 in this case is a gray area and may or may be a problem later on. I want to invoke AC 21 but am not comfortable taking risk based on transfer request. The situation in NSC may be different. The safe bet is to stay in underserved area for 2 more years with another employer so in case transfer is not granted( which can happen in NSC) you have NIW to fall back on.
I am filing a second 485 based on perm approval now.