I-140/I-485 interfiling/substitute case

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pchem

Registered Users (C)
Hi All,

I just want to share my experience. I need you guys input also.
I applied two I-140 and one I-485 application. One I-140 and I-485 is pending and the other I-140 is approved.

I requested USCIS, VSC to interfile/substitute pending I-485 to approved I-140 on Feb 09, 2005. I have not recieved anything yet from USCIS.

Anybody can suggest how to contact them. Is there any method where I can request USCIS so that they will definitely respond me. I want to clear about this.

I have not seen any such kind of case in this forum.

Please put your valuable suggestion and information.

God bless you.

thanks

pchem
 
I want to know this issue too.

Hi,
Thanks for rising this issue. I also want to know how to deal with that issue, when one I-140 is approved and another I-140 with I-485 is pending. Thanks a lot.
John :(
 
Change I-485 to newly approved I-140

Hi,

I also want to know if it is possible to change the existing I485 to point to other approvd I-140 petition.

Anyone help pl...

K
 
Does it apply if the other I140 is for spouse

Hi Ginnu

Thanks for your reply. Do you know if the Pearson memo would apply to approved I-140 of the spouse. My I140 and I485 is pending with service center but because they are waiting for original labor cert, I am expecting it to take about one more year. If before this, My spouse's I140 is approved, will I be able to safely move my I485 to the newly approved I140 of my spouse

K
 
keerat said:
Hi Ginnu

Thanks for your reply. Do you know if the Pearson memo would apply to approved I-140 of the spouse.
-----need full details of your wife case

My I140 and I485 is pending with service center but because they are waiting for original labor cert, I am expecting it to take about one more year.
----- did you read the MEMO it has clear answer
If before this, My spouse's I140 is approved, will I be able to safely move my I485 to the newly approved I140 of my spouse
----- if your spouse I-140 is approved then you can file derivative I-485 with her I-485.

*** it seems to me that no I-140 is approved for YOU or for your wife at this time. how do you want to claim I-140 substitution with pending I-485???
K
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Pearson Memo

Ginnu

Pearson Memo talks about "subsequent employment basesd immigration visa petiton". My confusion is if this would apply if the "subsequent" I140 is approved for spouse and not the original I140-I1485 petitioner. Will we be able to switch I-485 (filed on my basis) to point to approved I140 of my spouse. You answered that. And pearson memo said that we can even retain the priority dates also.

"if your spouse I-140 is approved then you can file derivative I-485 with her I-485"
Can you give me some more info on "derivative I-485"

Yes, it is true that my spouse's I140 is not approved yet. Actaully we still have to file for that and I am trying to find out if it is worth it and would not lead to more complication.

K
 
keerat said:
Ginnu

Pearson Memo talks about "subsequent employment basesd immigration visa petiton". My confusion is if this would apply if the "subsequent" I140 is approved for spouse and not the original I140-I1485 petitioner. Will we be able to switch I-485 (filed on my basis) to point to approved I140 of my spouse. You answered that.
And pearson memo said that we can even retain the priority dates also.

"if your spouse I-140 is approved then you can file derivative I-485 with her I-485"
Can you give me some more info on "derivative I-485"
------ spouse I-485 is dervative I-485 when it filed based on I-140 approved for spouse and filed with spuse I-485 or before the spouse I-485 is approved. if you need more info go to USCIS site and search for Dervative I-485

Yes, it is true that my spouse's I140 is not approved yet. Actaully we still have to file for that and I am trying to find out if it is worth it and would not lead to more complication.
------ why not to file her I-140 if her LC is approved???? I know it is up to her employer, request her employer to file her I-485 and she should file her I-485 , EAD AP and you also file derivative I-485, EAD AP

*******Just to give you an example how one can substitute I-140 with pending I-485
1 A got I-140 approved from him through company X and filed I-485
2 A left the X joined B got I-140 approved through B
In the above scenario A can substitute the company B I-140 with pending I-485

A CANNOT substitute the I-140 approved for other person, in your case if I-140 is approved for your wife then ONLY she can substitute the I-140 with her pending I-485, you cannot substitute her I-140 for your I-485.
For more info go to your lawyer, pay and ask for more details.

K
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