NSC interfiling

F

faith123

Registered Users (C)
Since my PERM approved,I am on my way to file for I -140 and 485.
I have my NIW I 140 ( APPROVED ) AND 485 pending with PD of Nov /05.

Now my attorney planning to ask for PD of NIW 140 and also to transfer
NIW 485 to PERM LC.

But I read some post Here before that NSC USUALLY deny to transfer NIW 485 for RIR /PERM LC.IS it still same ? My attorney said since I never been in J1 it is do-able.

Guys, if any of you have any recent experience pl guide me here.If it is not possible i just dont want to waste time and get " intent to deny ". Since time
is very important here. I am not from retrogressed country.
 
Your PERM-LC based I140 has to be approved before you can apply for a transfer of the I485 to the new I140. You will keep the priority date of the initial I140 petition.

NSC apparently routinely denied transfers from one I140 to another, I am however aware of one case where they accepted a NIW-->RiR-LC transfer.
 
thank you.

thank you HADRON.
Even though I had approved I 140 through NIW still I need another approval for PERM LC?
and if I have to get approval of 140 can't I apply 140/ 485 together,( that what I did for my NIW) What if by the time I got my 140 approved my country get retrogressio!.
 
> Even though I had approved I 140 through NIW still I need another
> approval for PERM LC?

It is a memo by 'assistant associate sub above something director' Yates from 2000 that spelled out the transfer of I140s while maintaining the original priority date.

> and if I have to get approval of 140 can't I apply 140/ 485 together,

Well, you already have an I485 pending, you don't need another (although by information given to me from the horses mouth it is entirely lawful to apply for a second I485).

> What if by the time I got my 140 approved my country get retrogressio!.

It won't hurt you. Because you already have a pending I485 which will be sufficient to get the secondary benefits such as EADs and AP document.

The main caveat with this is that NSC could deny the transfer. Then, you would have to file a new I485 which in the face of retrogression would be a bummer.
 
for h1b people interfilling ok?

My attorney thinks since i never been on J1, NSC can't deny transfer request! But I am not very sure about it.

Anybody with H1B ( NEVER J1 ) had any experience with NSC .
PLS HELP ME HERE .
 
You must log in or register to reply here.
Top