I-485 Rejection

[yoda9691]

I have an approved I-140 based on EB-3 LC with priority date of February 2005. In May 2010 a new EB-2 perm was filed which was approved in August 2010 and subsequently I-140 based on EB-2 was filed which is still pending.

Expectation was that my priority date from EB-3 case would be retained and transferred to EB-2 case. The original priority date was current and so in september 2010 my employer filed I-485. However, USCIS rejected my I-485 application saying my priority date doesn't appear to be current. My employer resubmitted my I-485 two more times but each time USCIS rejected my application.

Why is USCIS not retaining and transferring my priority date from EB-3 based I-140 to EB-2 case? Will I need to wait for I-140 based on EB-2 to get approved befor filing I-485? Is there some different form or procedure required to retain and transfer priority date from EB-3 to EB-2? Please help.
thanks

 

[TheRealCanadian]

You need to submit a copy of the original I-140 approval notice, and clearly state you want to claim the original priority date. The USCIS mail room isn't going to look up your original I140 for you.

 

[ginnu]

I have an approved I-140 based on EB-3 LC with priority date of February 2005. In May 2010 a new EB-2 perm was filed which was approved in August 2010 and subsequently I-140 based on EB-2 was filed which is still pending.

Expectation was that my priority date from EB-3 case would be retained and transferred to EB-2 case.
--------------That can be done only AFTER EB2 based I-140 gets approved and you need to make a request to USCIS by providing EB2 based I-140 approval notice.
The original priority date was current and so in September 2010 my employer filed I-485.
----------------If the PD for EB3 was current did the employer attached EB3 I-140 approval notice with I-485?
However, USCIS rejected my I-485 application saying my priority date doesn't appear to be current. My employer resubmitted my I-485 two more times but each time USCIS rejected my application.
--------------- Did the employer attached Eb3 Based I-140 approval notice with I-1485? was your EB3 PD current?
Why is USCIS not retaining and transferring my priority date from EB-3 based I-140 to EB-2 case?
---------------You don't have EB2 I-140 approved.
Will I need to wait for I-140 based on EB-2 to get approved befor filing I-485? Is there some different form or procedure required to retain and transfer priority date from EB-3 to EB-2? Please help.
--------------if EB3 PD is current then file I-485 with EB3 I-140 approval. once the EB2 I-140 gets approved then ask your lawyer to write a letter to Recapture the early PD of EB3 and to approve I-485 on the base on new EB2 I-140 approval. Your lawyer will send Cover letter+copy of Pending I-485 and Copy of EB2 I-140 approval notice.

thanks

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