Insert LC/140 into NIW/485 petition

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permwanter

New Member
I have NIW I140 (MUA) approved in Aug 2003. I do not want to wait till Aug 2008 to get my GC.
I am hoping to get LC cleared in the next few months. Once LC is approved, can I insert the LC/I 140 into the previously applied I 485. This will save a lot of time in terms of getting I 485 approval. This especially true with the upcoming EB2 retrogression.
I have read posts on this forum, where people have tried this route successfully. However my lawyer says that USCIS is not allowing such a tactic any more.Is she correct or is she just trying to make more money off me and prolonging my agony.
 
Here is what the VSC adjudications officer (back when they still had an information window) and my high end attorney told me in a somewhat similar case:
#1 you can file a second I485 with the LC based petition (no penalty, you just have to do FP, medicals etc all over)
#2 if your initial I140 is already approved, you can request a pending I485 to be linked up with a new petition. (free form letter to processing center)

Don't know yet whether it will actually work. There have been a number of confusing messages from the case status system in the meantime and nobody seems to know where the actual file is but there is still hope.
 
My lawyers states that this was possible in the past however, USCIS has changed the policy and is not allowing it anymore. I have asked for a copy of a memo/press release regarding this topic from my attorney, let us see what happens.
How about priority date? Even if they may not allow us to insert the LC/I140 into the old I485, they should allow us to use the old PD. Any ideas hadron???
 
post the memo

when i get the memo can u post it for others to see. i am still under the impression that the 485 can be substituted once the 140 has cleared
 
there is no memo or oress release however my lawyer says that Nebraska Service Center has raised this issue and may spread to other service centers!!!!!!!!!!
 
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