Incorrect 485 linking possibility between NIW and EB1B

B

brewtus

Registered Users (C)
-I have an NIW I140 that was approved in April 2008. I never filed I-485 based on it.

-I then filed an EB1B petition in November 2008. In July 2009, I went ahead and filed I-485 based on the pending EB1B petition. A few days after that I received an approval on the EB1B I-140 petition and receipt/FP notices for I-485 from TSC. The A# on my NIW, EB1B I-140 approval notice and the I-485 receipt and FP notice is the same.

I am hoping that USCIS correctly links my 485 to the EB1 petition. Is it likely that they will link it to the NIW petition? I have seen that happen to some people here but all of them had a prior filed 485. I am thinking that USCIS shouldn't have accepted my I-485 application in July if they linked it to NIW since the PD is not current.

I also hope that they figure out that the pending I-140 at the time of 485 filing has now been apporved and process the case. Per most people there is no need to do anything. Is that correct?

Thanks
 
i think if you sent out a copy of EB1 recipt notice along with I-485 application, the link will be to Eb1. I dont think you need to worry much. But then again, who can say for sure?

Btw, My attorney sent a letter to USCIS to interlink my 485 to appvoed EB1-EA. He mentioned there is no chance of getting a reply or any action - but this is something that has to be done. Anyway, to our surpirse, we got a reply back in a week - but that reply was total garbage -almost as if it was a reply to someone else's question. We have now contacted our senator's office to see if they can help.
 
btw Brewtus, did you check processing dates for 485? It appears they are still stuck with 485s from 2007 September. Although your priority date is current, your processing date is not - which is probably why you are not seeing any action yet.
 
thanks for your reply. i hope things work out for you. contatcing the senator might help. i had contacted my congressman for my NIW case and it did help to get it processesd.

yeah the processing dates are still back in 2007 but i dont know if that means anything for EB1. On trackitt i have seen several people get approved recently for EB1 cases.
 
You must log in or register to reply here.
Top