Interfile request for EB3 to EB2 porting cases

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Have a question on porting cases from EB3 to EB2, Is Interfile request a mandatory, even if new I-140 (EB2) already have same A# and has priority date of old EB3? Thanks.
 
You can choose to file a new I-485 (if your EB2 priority date is current), or if you already have a pending I-485 you can interfile (which can be done with or without a current PD). But you must do one or the other to have an I-485 that is based on your EB2 petition.
 
Jackolantern said:
You can choose to file a new I-485 (if your EB2 priority date is current), or if you already have a pending I-485 you can interfile (which can be done with or without a current PD). But you must do one or the other to have an I-485 that is based on your EB2 petition.
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Hi Jackolantern,

I have a pending I-485 and my I-140 (EB2) is approved recently, so should I send an Interfile letter to consider my new I-140 or is it automatic?
(new I-140 (EB2) has same A# and old EB3 priority date)

Thanks.
 
Interfiling is not automatic. Doesn't matter if it has the same A# and priority date. You will only have the I-485 attached to your EB3 petition, unless you interfile to transfer the existing I-485 to the EB2, or you file a new I-485 based on the EB2 I-140.
 
Thanks. One more question, can I draft and send this Interfile letter to NSC by myself since I have a template or does it have to go from attorney. Thanks.
 
Attorney is not required. But if you're doing it yourself, you better know how to write the request and exactly where to send it.
 
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