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…
 
gcmagic said:
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…
Click to expand...

First of all I would say talk to lawyer to get the best solution and approach!!

Now my guess : I485 and I140 are linked together with A#. That means EB3 I485 will go in a Queue EB3 I485s are going. It can not be shifted to EB2 queue as you have approved I140 ( from EB2 category). If you want to do so you have to cancel your EB3 I485 and file for new I485. Not sure you really want to take that risk. So better talk to lawyer to know if you can have multiple I485s!!!
 
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