I have a tricky situation here.
I-140/EB2 was filed on May 2001, RFE was issued and later I-140 was denied on June 2002, Attorney filed an appeal/motion in July 2002 and based on that appeal/motion VSC approved I-140 on Sep 2002.
Meanwhile attorney had also filed I-140/EB3 in July 2002, and also filed I-485 (concurrent processing) based on I-140/EB3 and got EAD/AP/FP in October 2002.
Now I have following queries:
1. Wait for I-140/EB3 approval.
2. Send approved I-140/EB2 and request INS to replace I-140/EB3 with this approved I-140/EB2 for I-485.
3. Can I use I-140/EB2 for Consulate processing while I-485/I-140/EB3 is in progress?
4. Any other way to handle this situation?
I-140/EB2 was filed on May 2001, RFE was issued and later I-140 was denied on June 2002, Attorney filed an appeal/motion in July 2002 and based on that appeal/motion VSC approved I-140 on Sep 2002.
Meanwhile attorney had also filed I-140/EB3 in July 2002, and also filed I-485 (concurrent processing) based on I-140/EB3 and got EAD/AP/FP in October 2002.
Now I have following queries:
1. Wait for I-140/EB3 approval.
2. Send approved I-140/EB2 and request INS to replace I-140/EB3 with this approved I-140/EB2 for I-485.
3. Can I use I-140/EB2 for Consulate processing while I-485/I-140/EB3 is in progress?
4. Any other way to handle this situation?