PD retrogress and new I140 with old 485!

P

PradK

Registered Users (C)
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,
 
PradK said:
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,
Click to expand...
Yes you can. It is called 140 substitution.
 
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,
 
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