possibility of getting older priority date with second I-140

R

Ramana77

Registered Users (C)
Hi all.
My current I-485 is pending at TSC (PERM, EB2, INDIA) with approved I-140. The RD is 08-2005. I got my old EB2 RIR labor approved from BEC (2003 priority) from the same employer. Based on attorney's feedback I have applied for second I-140 and is currently pending. But I see that once I-485 is pending, they are processing based on I-485 RD and not labor PD. My question is, If my I-140 is approved, will I get older PD or RD? In worst case, if my I-140 is denied, will it affect my current case?

Thanks in advance,
-Ram
 
Where did you got the idea that I-485 cases are processed by RDs and not by PDs? This is not going to happen as long as retrogression exists.

If your I-140 is approved, you have to interfile this I-140 with your pending I-485 to port the PD. The denial of the new (pending) I-140 will have no impact on I-485 processing.
 
Thanks for the clarification. I am not 100% sure whether they go with RD or PD, but in the 485 forums, some people said that they go with RD of 485, once it's filed. I agree with you that they will go with PD when there is a retrogression. It makes sense.

Thank you!
 
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