Inter-link I-485

pplu

Registered Users (C)
My OR is stuck in VSC. I am thinking file an EA or NIW or both and inter-link these new filings with my pending I-485 (currently linked to my OR). The idea is that if my OR is banged, my I-485 won't be denied because it is linked to other I-140s

Has someone had some experience? I appreciate if anyone can give some info.

By the way, I am not affected by retro.
 
As far as I know, only after your other I-140 approval, you can request for interlinking the pending I-485 to the approved I-140. The drawback of concurrent filing is that I-485 will be denied if the underlying I-140 is denied.
 
Interlink discussion

PPLU,

I think you will not have great advantage with EA vs OR submission for interlinking purpose as both are EB1 and hence visa availability is same. Of course, if you are EB2-(NIW) with approved I-140, then OR/EA in EB1 will make a lot of difference. That's what I plan to do. But for that, like 2006GC mentioned, you need prior I-140 applicaiton approval.

see discussion in
http://www.immigrationportal.com/showthread.php?t=205051&highlight=interlink
 
2006gc said:
As far as I know, only after your other I-140 approval, you can request for interlinking the pending I-485 to the approved I-140. The drawback of concurrent filing is that I-485 will be denied if the underlying I-140 is denied.
As long as you have one I-140 approved, I-485 will be linked to that approved one. That's what i was told by the immigration officers at VSC & NSC over the phone. Bottom line is to get one I-140 approved to have a base for I-485.
 
I think My case is related to what you are asking. today I got LUD on both my NIW(pending) and EB1-EA(approved) I-140s after I sent in the inter-file request on May 22nd. Hope it is a good move .
 
Thanks for all the replies.

How about filing another 140/485 set? People are talking about no-second 485, but I just couldn't find any regulation stating that.

Anyone has done that?
 
One common reason I hear against submitting two or more I-485 is that it could cause significant confusion etc. For instance, if you are called for finger printing, then the ASC office should link that to which petition? Also I am not sure if each I-485 is associated with an alien number A#. If so, it does not make much sense for one person has more than one alien registration number. Have you seen any regulation stating that one cannot apply for more than one social security number? I guess this could be the rational.
 
After a long wait, my concurrently filed NIW was approved today.

It seems my requrest for interfiling did not have any impact on the process Or they are very slow processing the mails.

I was told there is a procedure to follow if two 140s are approved.

good luck to everyone
 
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