My NIW petition was denied on March 08. I filed an appeal and also planning on sending out another NIW 140 next week. If the new NIW gets approved while the appeal is pending, can I transfer the 485 to the new NIW. Will it considered pending 485 or denied 485?
My lawyer who wont be representing me anymore sent this. This was the last courtesy answer he sent me before concluding representation.
"You cannot transfer a denied I485 to a new I140 and reopened. The only reason that USCIS might reopen the denied I485 on its own is that the I485 was only denied because the I140 was denied. If you pursue an alternative path to LPR status, and a new I140 is a new path to LPR status, you will have to file a new I485. USCIS procedures state that to transfer an I485 it must have be pending. If it is denied, their procedures direct the officers to deny any such transfer request."
My lawyer who wont be representing me anymore sent this. This was the last courtesy answer he sent me before concluding representation.
"You cannot transfer a denied I485 to a new I140 and reopened. The only reason that USCIS might reopen the denied I485 on its own is that the I485 was only denied because the I140 was denied. If you pursue an alternative path to LPR status, and a new I140 is a new path to LPR status, you will have to file a new I485. USCIS procedures state that to transfer an I485 it must have be pending. If it is denied, their procedures direct the officers to deny any such transfer request."