Interfile Employment based 485 with Approved 130 (employment to family)

K

kamand

Registered Users (C)
Hi,

I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.

Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?

Please share your experience on this. Any advice will be greatly appreciated.

Thanks.
 
You cannot interfile.
EB I485 ties to I140, and FB I485 ties to I130. You have to file new I485 as immediate relatative.
 
Thanks "GotPR?" for the information.

I received the below advice from an attorney in another forum.

"Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."

According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts?

Thanks.
 
I have never heard of it. People usually file 2 I485s as questions about concurrently running I485s for FB and other category comes up from time to time here.
It's hard to believe that CIS is so flexible, but if lawyers says so, it might work.
 
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