I485 transfer or withdraw

[bzx2003]

Hi, guys, thank you for your help here.
I have this troublesome situation and don't know what to do.
My I140 (NIW) was approved last July from TSC and I moved to Boston at that time. My husband and I asked our lawyer to file I485 to VS. Unfortunately they are really negligent and filed to TSC again, that was last Nov. We asked them to withdraw the case immediately and file another one to VS, but they said they will work with their liaison with TSC and transfer the case. Now two month passed,TSC seemed has acknowledged the request and said they will ask their immediate supervisor to follow up, but it is still not transfered. We are not very happy.

We dediced to withdraw the case and file I485 to VS ourselves. But since our lawyer has already requested transfer and TSC has acknowledged, I don't know whether this would complicate things? In addition, since they are working with their liaison, will this be more effective? Does anybody have experience?

Since our case has been tempered in a way, to be on the safe side, we decided to file a I140 on my husband's behalf (NIW), and concurrently file I485 with that. But since we will have I485 filed associated to my approved I140, is it OK to file another I485 with my husband's I140 filing to the same Service Center?

Thanks, your suggestions would be really helpful.

Xue

 

[ag28]

case is still good

My 2 c
your 140 is still good. you can easily file by yourself to VSC. Just make sure that TSC hasnt transferred the case to vsc in which case there will be 2 485s for the same 140 and this can confusion.
There is no harm in filing another 140/485 for your husband. eventually you will need to withdraw one of them and looking at the time trends, I think it will be quite a while before ur husband's 140 will be processed.
Any approved 140 is valid indefinitely. if TSC has acknowledged that they will transfer the case, they will do it. you will need to talk with them and also with VSC to make sure that has indeed happened.
Lastly, if a lawyer has some liason, it usually is effective. Proof is that TSC has acknowledged. Your case is not tampered in any way..Hope this helps.