Interfiling 485 or re-submitting 485 after EB1A approved

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donein2007

Registered Users (C)
Dear fellow applicants,

I have a similiar situation as those in this forum: the EB2 I-140 approved and the I-485 was concurrently filed with EB2. Last week, my EB1A was approved. Because of retrogress for EB2, next step is to transfer 485 to the newly approved EB1A or re-file another 485?

I did research on this forum and called the USCIS twice. They all told me that I have to re-file I-485. In the first call, a man officer told me that the Micheal Peason's Memo is not appliable to my case since it requirs the I-485 was approved (very weird answer. as soon as the I485 was approved, is there any one looking for interfiling? ) In my second call, the lady told me that I have to withdraw my previous I-485 first then submit a new I-485. They could not upgrate the I-485.

Did you guys, newhope2005, ghong98, shokaido, madgu, ooooo,GCRookie, good_y etc have any update in this regard.

Thanks.
 
Some people did post successful relink cases. For me, it never works, both my attorney and myself sent many such requests but i did not see any positive sign that it has been taken care of .

i have refiled my 485 last month.
 
ooooo,

thanks for input.

Did you first withdraw your previous I-485? If not, shall you have two I-485? Will this cause any problelm or confusion for USCIS?
 
my attorney said, as we run the A#, it will show that i have two I485 and they will send a letter to me which I485 to follow and which one to withdraw.

So far i did not receive any letter yet.
 
NIW-Now 04,

How can I follow up persistently? Just keep calling or sent interlink request letter?

I called USCIS two times. It seems that they suggested to submit I-485 again.

Thanks
 
Did not work for me though. I followed up by writting 4 letters and calling 5-6 times with Pearsons Memo. So filed a new I-485 based on my Eb-1A 2 weeks ago.


Do you have the basis to support this statment of yours ----> Two I-485 means more confusion and hence less productive work. Interlink is the only way to avoid all the confusion.



NIW-Nov 04 said:
I think your attorney is expecting too much out of them. Two I-485 means more confusion and hence less productive work. Interlink is the only way to avoid all the confusion. You only need to follow up persistently.
Click to expand...
 
NIW-Nov 04 said:
I think your attorney is expecting too much out of them. Two I-485 means more confusion and hence less productive work. Interlink is the only way to avoid all the confusion. You only need to follow up persistently.
Click to expand...

Hi Niw-Nov04,
I have seen your postings always suggesting us to continue with the interlink. Will you be able to tell us whether you did intefiling successfully, ans ifso what are the steps you took?
Greatly appreciate it.
 
good_y
do you have updates after sending your relinking request?

I did research and found that only genuine relinked succussfully. All others did not have positive impact after interfiling request.
 
NIW-Nov 04 said:
I hope this post helps all the Eb-one relinkers.......The basis to support my statement is my personal expirience. Yes, interlink worked for me. You need to know that Interlinking is not a routine work for immig. officers, they have to understand what they are doing and go out of there routine way to relink it. It was my lawyer who said that filing two I-485 is a bad idea and would create more confusion. There are clear rules about interlinking or having two approved I-140 for the same petitioner but no rules about how to handle two I-485. This might mean to just keep the AOS decision pending until they receive further instructions. My lawyer gave me the idea however I did not use his valuable services to save my small earned money. Basically, I did the same thing like you guys but kept following it through various channels. I feel that I wrote a very clear and easy to understand letter explaining the legalities and citing the appropriate clauses for drawing attention and how should the officer relink the petitions. Followed up the same with two phone calls every week, one fax every second week, postal mail third week etc. until the USCIS officer calls my lawyer tells him that he is relinking the petitions and now the case is ready and would be approved soon after FP. Other factors favoring approval was that my PD was current and case way out of processing time and FBI name check was done etc. My lawyer was all ready to charge me $$$.$$ for doing this service which I did on my own (he was totally suprised to have recieved phone call directly from Adjudicating officer). Total duration after Eb1 approval to relink to I-485 was one month and 11 days. After relink I got GC in a two weeks time.
Click to expand...

Thanks a lot, one more question, can you post the legal points you pointed out.
Thanks once again
 
NIW-NOv4,

Many thanks for your detailed input. As good_y, I also like to know the legal points. Which fax number did you use? Where do I can find the fax no.?

Thanks
 
Hi, folks,

I found a internal processing file for I-485 regarding duplicate or second filing of 485. It looks USCIS accept 2 I-485s?

How can I upload the pdf here for your review?
 
according to the procedure, it is not scared to file second 485: the orignal text is as follows excerpted from I-485 Standard Operating Procedure (9/28/01) :

Duplicate and Second Filings

• Duplicate Filings
Duplicate filings refer to I-485 applications submitted to a service center
without a new fee, but with evidence that the original I-485 application is
pending at another INS office or Service Center. If the contractor
encounters a filing like this, he/she should route it to INS Review.

• Second Filings
Second filings refer to I-485 applications submitted to a service center with
a new filing fee even though one may be pending at another INS office.
Second filings will be handled under the normal process.

Multiple A-Numbers
Multiple A-Number discrepancies will be handled by Case Resolution Unit
(CRU). Once CRU has resolved the discrepancies, the file will be forwarded
to Data Entry for receipt of the I-485. If multiple A-Numbers have already
been assigned to the applicant, annotate the processing worksheet. This
worksheet identifies which A-Number to use for the I-485 and alerts the File
Maintenance Unit (FMU) to request the remaining relating A-Numbers from
the File Control Office (FCO) for consolidation purposes.

When more than one A-number matches the applicant’s information exactly,
printouts should be made and the I-485 and concurrently filed
applications/petition should be forwarded to the Case Resolution Unit (CRU).
Annotate the multiple A numbers on the processing worksheet. CRU will
reconcile the problem and return the filing to Data Entry, indicating the Anumber
to be used.


It looks USCIS will solve these problems in their routine procedure. This SOP is older but I think the current procedure should be similar thought the document is not available.
 
Last edited by a moderator:
donein2007 said:
according to the procedure, it is not scared to file second 485: the orignal text is as follows excerpted from I-485 Standard Operating Procedure (9/28/01) :

Duplicate and Second Filings

• Duplicate Filings
Duplicate filings refer to I-485 applications submitted to a service center
without a new fee, but with evidence that the original I-485 application is
pending at another INS office or Service Center. If the contractor
encounters a filing like this, he/she should route it to INS Review.

• Second Filings
Second filings refer to I-485 applications submitted to a service center with
a new filing fee even though one may be pending at another INS office.
Second filings will be handled under the normal process.

Multiple A-Numbers
Multiple A-Number discrepancies will be handled by Case Resolution Unit
(CRU). Once CRU has resolved the discrepancies, the file will be forwarded
to Data Entry for receipt of the I-485. If multiple A-Numbers have already
been assigned to the applicant, annotate the processing worksheet. This
worksheet identifies which A-Number to use for the I-485 and alerts the File
Maintenance Unit (FMU) to request the remaining relating A-Numbers from
the File Control Office (FCO) for consolidation purposes.

When more than one A-number matches the applicant’s information exactly,
printouts should be made and the I-485 and concurrently filed
applications/petition should be forwarded to the Case Resolution Unit (CRU).
Annotate the multiple A numbers on the processing worksheet. CRU will
reconcile the problem and return the filing to Data Entry, indicating the Anumber
to be used.


It looks USCIS will solve these problems in their routine procedure. This SOP is older but I think the current procedure should be similar thought the document is not available.
Click to expand...

Very informative. Is there any address associated with CRU or FCO where one can send the letter to resolve the problem. Can you provide the link from where you got this information.
 
Tomorrow I will see local immigration officers by infopass. I have to make a decision what to do next ASAP.

Good luck to you all.
 
Last edited by a moderator:
donein2007 said:
good_y
do you have updates after sending your relinking request?

I did research and found that only genuine relinked succussfully. All others did not have positive impact after interfiling request.
Click to expand...

Hi donein2007,
My attorney sent two letters and I sent one, but so far nothing, no updates or anything? where the hell all the letters go???
 
I went to our local USCIS office and asked this situation. The officer discussed my case with her supervisor. And the supervisor called the TSC immigration supervisor. The answer is:

If the processing is in local office, they will handle it using EB1A priority date. But it is now in TSC, local office could process it and she suggest me to write a letter to TSC to state this situation. She also added if it is good to file another I-485 but the security check will need to re-start.

Bad news is that my name check is not finished though my wife's cleared.

Any suggestions?
Thanks
 
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