Interfiling PERM I-140 on NIW I-485

[hashitoxicosis]

I have an approved NIW I-140. I-485 that is concurrently filed is (obviously) still pending(till I complete 5 years). My I-485 PD is in 2003

Now, If I can get a PERM based I-140, can I substitute that I-140 on to the pending I-485 AND retain my priority date?? If I were to have my I-140 sent in just after completing 3 years, with a request to interfile with the pending I-485, i can imagin getting the I-485 approved in 3 years and a few months, which will be the FASTEST way to pull things off.

It sounds too good to be true. What do you think??

 

[lalalala]

there are two other people who posed the same question, there are people who say it can be done and others who say it cant , yet to actually hear from one who has successfully done it

 

[hadron]

> Now, If I can get a PERM based I-140, can I substitute that I-140 on
> to the pending I-485 AND retain my priority date??

You can replace an approved I140 with another one. I know someone who did this (including a change in processing centers). They did accept the change in venue and attached the pending I485 to a new I140 but it hasn't been approved yet.
addendum: non-J1 case, it might indeed be different for the waiver related NIW, you might have to file another I485 and loose your PD :-(((

 

[depechemods]

there are two issues there
1. one cant inter file 485 before 3 years are over if it is for waiver job
2. i do not know for 100% if the INS could still object if the 485 is interchanged after 3 years( saying the interchanged 485 was filed before 3 years)