I am from India. My Labor Certification was approved as EB-2. The attorney made a mistake and filed the I-140 (concurrently with the I-485) under EB-3, which was approved. The I-485 is still pending.
After two years I discovered the mistake and had them file another I-140 under EB-2, which too was approved. Subsequently, I sent a letter to USCIS pointing out that I now have an EB-2 I-140 approved.
I am trying to figure out if USCIS will allow "interfiling" into EB-2 for the pending I-485 when EB-2 becomes current for India shortly or if I will need to file another I-485.
I could not find any regulations on interfiling. The only place where I find such a reference is in the attached memo from Michael A. Pearson, Executive Associate Commissioner, Office of Field Operations, dated May 9, 2000 (HQ70/23.1-P, HQ 70/6.13P) that pertains to PD substitution. In my case, the underlying Labor Certificate was same hence the PD substitution is moot. The problem is - this memo talks of PD substitution ONLY when both PDs are current. If this same criteria is applied to interfiling, then will USCIS want me to file another I-485 with the new EB-2 I-140?
Thank you
After two years I discovered the mistake and had them file another I-140 under EB-2, which too was approved. Subsequently, I sent a letter to USCIS pointing out that I now have an EB-2 I-140 approved.
I am trying to figure out if USCIS will allow "interfiling" into EB-2 for the pending I-485 when EB-2 becomes current for India shortly or if I will need to file another I-485.
I could not find any regulations on interfiling. The only place where I find such a reference is in the attached memo from Michael A. Pearson, Executive Associate Commissioner, Office of Field Operations, dated May 9, 2000 (HQ70/23.1-P, HQ 70/6.13P) that pertains to PD substitution. In my case, the underlying Labor Certificate was same hence the PD substitution is moot. The problem is - this memo talks of PD substitution ONLY when both PDs are current. If this same criteria is applied to interfiling, then will USCIS want me to file another I-485 with the new EB-2 I-140?
Thank you