New I140 approved - I485?

[aguy]

Hi,

My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.

While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.

So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?

Thanks.

 

[ginnu]

Hi,

My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.

While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
--------------------------Once they assign A# it remains permanently in USCIS records with your name, DOB info. A#: Alien number. you need to write that A# on any form that you file with USCIS in future.

So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
---------------------------You will not have PD of old I-140 as that I-140 was not approved. if earlier I-140 also gets approved then you can recapture early PD.
Thanks.

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