need urgent help please ....

[gcmagic]

Dear friends,

I an in unusual situation and I need your help. I have filled my 140/485 in april 2004 in eb3 category based on the PD of labor Feb 2003.I got my -140 approved in 2005 and got 3 ead’s and 3 payrols approved. I have another EB2 labor which has PD 2002 FEB and filled 140 in Feb 2006 and got it approved in may 2006.So now dates for applying 485 in eb2 category are current for my pd.My questions are

Note : these two 140 filled with different employers and in different service centers.

1) Do I have to apply again for 485 based on eb2 category since I already have pending 485 based on eb3 category.Is it not possible to transfer 485 from eb3 to eb2 without filling as new.

2) I heard that one cannot file multiple 485’s because 485 is dependent on that person.if this is true why do I have to apply again.

3) what happened with my cutrrent EAD ‘S and payrolls will they are valid because these documents are based on the eb3-485.If I have to apply 485 again based on eb2?

I never used EAD’s and payrolls so far I am still on 8 th year h1-b extension only.

Anybody in similar situation and could you pl let me know your valuable suggestions in terms of what are my options...

Thanks in advance for all your help…

 

[gcmagic]

Ginnu and others can you guys pl help me out..

 

[jazzyb]

I think you can relink your I-485 with your new EB2 I-140 without filing new. I had read a article on this forum to relink I-485. Try to find an article with relink I-485 and check with person who did that.
Sorry cannot help any further

Ginnu and others can you guys pl help me out..

 

[ginnu]

Dear friends,

I an in unusual situation and I need your help. I have filled my 140/485 in april 2004 in eb3 category based on the PD of labor Feb 2003.I got my -140 approved in 2005 and got 3 ead’s and 3 payrols approved. I have another EB2 labor which has PD 2002 FEB and filled 140 in Feb 2006 and got it approved in may 2006.So now dates for applying 485 in eb2 category are current for my pd.My questions are

Note : these two 140 filled with different employers and in different service centers.

1) Do I have to apply again for 485 based on eb2 category since I already have pending 485 based on eb3 category.Is it not possible to transfer 485 from eb3 to eb2 without filling as new.
----------------- you can do that request your lawyer to draft a letter for Interfiling of EB2 I-140 with pending I-485 so that USCIS approve the pending I-485 on the base of EB2 I-140 and also send job offer letter of EB2 employerRead the Memo
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf

2) I heard that one cannot file multiple 485’s because 485 is dependent on that person.if this is true why do I have to apply again.
--------------- one CAN file more than one I-485 nothing in law prevents you filing second I-4853)

what happened with my cutrrent EAD ‘S and payrolls will they are valid because these documents are based on the eb3-485.If I have to apply 485 again based on eb2?

------------ they are Valid till validity date of EAD AP or till the date that I-485 ( based onEB3)dont get approved or denied.

I never used EAD’s and payrolls so far I am still on 8 th year h1-b extension only.

Anybody in similar situation and could you pl let me know your valuable suggestions in terms of what are my options...

Thanks in advance for all your help…

--------------- if you go for INTERFILING you need good lawyer to do it and send the documents to service center and also attach the copy of PEARSON MEMO so that officer knows on what basis you are making request

if you file second I-485 dont forget to write your A# on I-485 form.
you have both the options.

PEARSON MEMO
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf

 

[gcmagic]

Ginnu,

Thanks for your very useful information. I know i have two options now but really do not know what option is good for my situation.Kindly pl tell me what option i should prefer, if i prefer interfiling where should i send the documents to 485 pending svc or Vermont where my eb2-140 approved.
What is the sucess rate with interfiling?
My lawyer wants me to file new 485 and want to request to transfer pending 485 from nebrasks to Vermont. i really want to know pros and cons of interfiling.Can you pl suggest me any good lawyer to do this?My lawyer is not that comfortable to do interfile.Pl let me know if you know any good lawyer who got the approval with the interfiling.

 

[ginnu]

Ginnu,

Thanks for your very useful information. I know i have two options now but really do not know what option is good for my situation.
Kindly pl tell me what option i should prefer, if i prefer interfiling where should i send the documents to 485 pending svc or Vermont where my eb2-140 approved.
------------- to the service center where your I-485 is pending
What is the sucess rate with interfiling?

My lawyer wants me to file new 485
--------------better file new I-485 and on form also provide A# and pending I-485 reciept#
and want to request to transfer pending 485 from nebrasks to Vermont.
------------- why he wants pending I-485 to be transfred? dont request for the transfer, let it be where it is

i really want to know pros and cons of interfiling.Can you pl suggest me any good lawyer to do this?
----------- check your PM
My lawyer is not that comfortable to do interfile.Pl let me know if you know any good lawyer who got the approval with the interfiling.