Thank you Ginnu,
Will you please tell me if I interfile I-485 currently linked with EA1b with EA1a, then is it delinked from Ea1b? If it so, it is going to be disadvantage for me. There is some chance to get GC with currently approved Ea1b in another 8-9 month time i.e before I am thinking of changing job. I may loose this cahnce if I do so.
On the other hand if it is linked to both I-140s, then even if my employer revoke EA1b I-140, it can still work for EA1a.
Cann't we also relink to NIW. Don't you think there are more chances of NIW approved as compared to EA1a?
Thanks once again for your valuable suggession.
http://www.immigration-law.com/What's-new.html
Updated 11/12/99: Second I-140 Approval Pending EB485 at Different Jurisdiction and Procedures
Both TSC and NSC confirm that (1) EB485 filers can submit the approved 2nd I-140 without withdrawing the pending EB-485 and filing a new EB-485 application, and (2) the case does not have to be transferred to the Service Center that has jurisdiction over the new job site. Both TSC and NSC will continue and complete processing of the pending EB-485 despite of the change of location of the job. For detailed procedure to achieve this, people should consult with their own attorneys
Updated 10/06/99: Procedure and Jurisdiction Involving Two Sequential I-140 Approvals and Adjudication of EB-485 (NSC Practice)
EB-3 applicants who received EB-2 I-140 approval subsequent to filing of EB-485 based on EB-3 I-140 approval do not have to withdraw the pending EB-485 and file a new EB-485 to switch from EB-3 case to EB-2 case. NSC advises that to assure EB-2 documents get matched with the pending EB-485 applications, applicants, in submitting EB-2 I-140 Approval Notice, should submit a letter requesting that the attachments be enclosed in the pending EB-485 application file, and attach to such letter a copy of the Receipt Notice.
If the EB-2 was filed by another employer that is located outside the jurisdiction of NSC, the applicant does not have to change jurisdiction to another Service Center even if he/she moves to the location of the EB-2 employer. NSC will continuously adjudicate such EB-485. Of course, applicants can ask NSC to transfer the EB-485 to the new Service Cen
---------------
06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
These new procedures may be particularly helpful to Indians whose EB-3 number is still heavily backlogged and who filed and obtained a second labor certification application of EB-2 and its EB-2 priority date became "current" in June 2007. Good luck.
