PD retrogress and new I140 with old 485!

[PradK]

Hi Guys,

If/when PD retrogress, say I have a I485 pending from one application filed before retrogression, and is not adjudicated yet, can I file a new EB3 I140 and have it linked to the existing 485?

Any thoughts?

Thanks,

 

[Jharkhandi]

Hi Guys,

If/when PD retrogress, say I have a I485 pending from one application filed before retrogression, and is not adjudicated yet, can I file a new EB3 I140 and have it linked to the existing 485?

Any thoughts?

Thanks,

Yes you can. It is called 140 substitution.

 

[PradK]

Another q.

Jharkhandi,

Thanks for the quick answer.

I have a followup question, in this instance would it matter if the pending 485 was was originally filed as a dependent (based on spouse's EB3 I140) and then the dependent gets his own LC approved and ready to file I140?

Thanks,