I 485 petition piggy back

R

ravisant

Registered Users (C)
Hi all

I am a physician working in an underserved area. I have two I 140 approvals one through the NIW and one through Labor certification. I have an I 485 pending through the NIW with priority date 09/02. I also have another I 485 i will be filing based on the LC based I 140 in the near future, as based on the NIW related I 485, I wont be able to adjust status till I finish at least 5 years in the medically underserved area.


Can you advise me if I could piggy back the LC based I 485 filing on the NIW based I 485? Because that way my PD would be 15mths earlier, which by INS standards, is a lifetime.

Thanks
 
Each petition is independent of other, each has its own priority date.

You also have an option to do consular processing (based on labor cert.) after 3 years of service.
 
I have been in the exact situation as yours. I have a 485 petition pending since 09/2002 on the basis of NIW. Recently I had my LC based 140 was approved and my lawyer sent a letter to BCIS requesting the change of basis of existing 485 petition to LC based 140 petition. I sent medical examination along with this request. This way I may be able to keep the original priority date of 485 petition. Filing another 485 is costly and probably unnecessary. Hope this is helpful to you.
 
thanks nch

thank you for your reassuring mail. I will ask my lawyer to do the same. Will keep you all posted. Good luck with the immigration process.
 
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