i 485 interfiling

ps19

Registered Users (C)
I filed for NIW (I140) on 03/15/05 and Outstanding on 03/21/05. ALso, I filed I 485 concurrently with outstanding case. Luckily my I 140 (NIW) was approved today (04/01/05). Also I received the receipt notice of I 485 and I 140 outstanding. My Qs is: Can I transfer my I485 outstanding to I 140 (NIW) case. I have been told that it is better to file a new I 485. Please advise me.
Thanks
 
approved quickly

Wow! your NIW based 140 approved within two weeks? Very lucky


NIW-EB2

140 AD 5/04

1485 RD 6/04

FP Scheduled 4/05
 
ps19 said:
I filed for NIW (I140) on 03/15/05 and Outstanding on 03/21/05. ALso, I filed I 485 concurrently with outstanding case. Luckily my I 140 (NIW) was approved today (04/01/05). Also I received the receipt notice of I 485 and I 140 outstanding. My Qs is: Can I transfer my I485 outstanding to I 140 (NIW) case. I have been told that it is better to file a new I 485. Please advise me.
Thanks

Both ways, its not more than couple weeks lost even if you file a new one. Who knows, transferring 485 could be a longer process than filing a new one. You should ask a good attorney ... but either way do what you have to do reasonably quick ... for lesser the time spent going through the ins hassle, the better it is.
In any case if you think about transferring make sure somebody CALLS and confirms that the 485 is now linked to your NIW case ... as many a times you might think it is ... but 2 years down the road you might get 485 denial on the basis of outstanding denial (if indeed it is denied). Moreover if you file a new 485 filed AND APPROVED... if I understand correctly you should withdraw your 485 with outstanding (hey, since it is NIW that is approved I am not sure if you should withdraw 485 with outstanding until you have your NIW 485 APPROVED ... if you file a new one)
Talk to a good attorney (atleast a couple of them......I am a lay person).
Best Wishes
 
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