need urgent help please ....

G

gcmagic

Registered Users (C)
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…
 
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.

A: If you apply for I485 based on EB2 petition then your original I485 petition based on EB3 will go invalid as well with the associated AP's and EAD's.
BTW, I485's are not transferable :mad: :D

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.

A: Yup, you got it right dude... You cannot have two I485's pending for an individual. The latest one becomes active and the earlier one becomes inactive automatically..

Why do you have to apply again? Why did you apply for two labors in the first place? :D Ask the question to yourself before taking a decision buddy.

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?

A: As told in #1, your AP's and EAD's (based on EB3 petition) will become invalid if you apply for I485 based on EB2 petition. You will have to re-apply for EAD & AP for your EB2 based I485 application. Your payroll shouldn't be a problem as they are tied to your SSN & your A#.

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

A: That doesn't matter if you've used or NOT. In fact it is good that you are still on h1b with all kinds of confusion going on your mind :D

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

A: I don't know how to answer to this question.

Just be careful with what you do buddy..

Good luck
howdy_howdy
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