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.

Can anyone 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…

 

[eBhola]

3 payrols approved.

I am sorry -- I have a question ... what are payrols approvals... and how do U apply for them.

regarding 485 .. If I were U I would withdraw the pending EB-3 based one and the apply for 485 again based off EB-2. But its NOT required.

[Things looks so good for U with this EB-2 approval.... ]

I had found this somewhere ...... hope that might help .. good luck

"Can a person have TWO approved immigrant petitions via two different employers and proceed with an adjustment of status with each?"

It is clear that having two underlying labor certifications and I-140's is not illegal per se, although both the USCIS and DOL would frown on it for the obvious workload issues. However, when an adjustment is pending, the case generally winds up at a local USCIS district office. (I say generally because we are now seeing some employment based adjustments receiving final approval at the Service Center level, with the new immigrant visiting the local USCIS office only for passport stamping and fingerprinting.) If the two adjustments were filed at the Service Center, it is unlikely that there would be any overlap or awareness by the Service Center, due to the sheer volume they receive. However, once the files are forwarded to the local office, it is probable that this office would indeed realize that the same person had two processes pending. If this happened, the USCIS would probably just ask "well, which is it?" and perhaps make you choose one or the other. But I do not believe that the event would in any way prejudice the case, except to the extent that your misrepresenting your intention to one of the employers could create liability on your part for the time and money they are wasting.

I think it's generally a bad idea to view the immigrant process as a "race" to the finish line and put competing employers in this situation. Note, however, that this is distinguishable from concurrent processing of cases in DIFFERENT categories. For example, there is nothing wrong with processing a labor certification while awaiting the ripening of the priority date of the petition filed by your U.S. citizen brother years ago. Consider also the filing of NIW adjustments of status: many of these folks have a labor cert approved or underway, and that's fine as well.

 

[CAPD02]

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.

Can anyone 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…

Hello gcmagic,

If you have two approved I-140 petitions and your concurrently filed I-485 is pending, you can ask USCIS to replace approved EB3 I-140 with EB2 I-140, which is more favorable in the visa number availability.

So by doing this, your I-485 will be approved on based on approved EB2 petition.

You need to send the letter to USCIS with copy of your EB2 approval(service center where your I-485 is pending).

I am not sure on this, I guess multiple I-485 applications may be possible. But why you want to do this, it's waste of time and money. Also by doing this you will get again new RD which causes to your application will get into end of the queue. I-485 is person dependent, so you no need to file again one more I-485. Just keep the pending I-485 by replacing I-140, and you will get approval very fast, beacuse your RD is Apr 2004.

Wish you good luck.

Note: The above are just my opinions. Please consult your lawyer before doing any step. It will be more safe and appropriate, If the letter goes from your lawyer.

Thanks

 

[gcmagic]

Thanks to Ebhola and CAPD02 for your valuable guidence.

Your response gave me more ideas to deal with this kind of situations.However i still have some concerns that are.

If i donot withdraw my pending 485 based on eb3 preference i am still ok to apply for new 485 based on the eb2 preference. This means one person can have multiple i-485's as per Ebhola response.

Is it possible to replace the approved 3rd preference 140 with the approved 2nd prference 140 eventhough they filled in different service centers with different employers.I wish i could this saves the time and money.Per my lawyer we cannot i am confused now.I feel frustated to go through all those hassels again and again it is rediculous.Pl let me know if you have anymore thoughts..

Thanks