I-140 EA approved WO RFEat VS/Can I transfer pending NIW I-485 to approved I-140

P

pchem

Registered Users (C)
Hi there,

My case is I applied concurrently I-140/I-485 under NIW and its pending at VSC. But my I-140 (only) under EA approved.

Anybody have experience of transfering concurrently applied I-485 to approved I-140?

Please let me know with procedure?
Thanks
 
pchem said:
Hi there,

My case is I applied concurrently I-140/I-485 under NIW and its pending at VSC. But my I-140 (only) under EA approved.

Anybody have experience of transfering concurrently applied I-485 to approved I-140?

Please let me know with procedure?
Thanks
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If I were you, I would file another I-485 application based on I-140 (EA) approval. I am not sure you can link one application to another. If it is possible, it is a good idea to consult a competent attorney. Good luck!
 
A lawyer I consulted said that no matter how many I-140s you file, you are only allowed to file one I-485. Multiple 485s lead to complications and automatically leads to an interview by USCIS.

I am not very sure how to take this. Does anyone have any thoughts?
 
I am pretty sure that you can transfer 485 between 140s. My lawyer even wants to transfer my 485 to my wife's 140 once her 140 is approved.
I don't think there is a formal INS process to deal with this. You need to draft a letter to INS to let them know that you want to transfer 485.
 
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