Reuse I485

[mardala]

I have filed I 485 for me (applicant) and my dependents concurrently with I140 application under EB3 category through future employer in Oct 2007. Medical was done in July 2007, FP was done in Nov 2007. In May 2008 I 140 (EB3) was denied reason ability to pay. However, I485 cases are still pending and under processing. There were no denial notices received as of today.

Secondly, I 140 under EB2 category with priority date of Nov 2004, filed by current employer got RFE which had previous case A# and current A#. This RFE was also related to ability to pay which was replied and I140 (EB2) finally got approved recently.

As per Aug 2008 visa bulletin my EB2 priority date will be current as of Aug 1st 2008.

Could UCIS consolidate our A# and facilitate prompt adjudication on the basis of the approved I140/EB2 with priority date of Nov 2004 by using existing I485, or I need to file fresh I485.

In other words, I am wondering if I can use my I 485 which was filed last year with previous I140 EB3 case (which was latter denied) with my recent I140 so as to avoid refiling of I485, Finger printing, medical to save time, efforts and money towards legal and statutory fees. If so what should be next step given only 2 weeks in hand.

Please pour in your experience and legal opinion.

 

[EricS]

You mean to say that the 2nd 140 RFE had A# from your 485? If that is the case then your 485 is already attached to the new 140. Did you mention your existing 140 and 485 applications when you filed your 2nd 140?

If that is not the case, then IMO, you can reuse the 485 within 30 days of denial of supporting petition (140 in your case). If you did not do interfiling of existing 485 with new 140, then you cannot use that 485. This is just my opinion.

 

[ginnu]

I Have Filed I 485 For Me (applicant) And My Dependents Concurrently With I140 Application Under Eb3 Category Through Future Employer In Oct 2007. Medical Was Done In July 2007, Fp Was Done In Nov 2007.
In May 2008 I 140 (eb3) Was Denied Reason Ability To Pay. However, I485 Cases Are Still Pending And Under Processing.
There Were No Denial Notices Received As Of Today.
---------------did You Check With Lawyer Who Filed I-485 If He Got Denial Notices ? Uscis Is Supposed To Deny The I-485 If Base Of That I-485 (i-140) Is Denied.
Secondly, I 140 Under Eb2 Category With Priority Date Of Nov 2004, Filed By Current Employer Got Rfe Which Had Previous Case A# And Current A#. This Rfe Was Also Related To Ability To Pay Which Was Replied And I140 (eb2) Finally Got Approved Recently.

As Per Aug 2008 Visa Bulletin My Eb2 Priority Date Will Be Current As Of Aug 1st 2008.

Could Ucis Consolidate Our A# And Facilitate Prompt Adjudication On The Basis Of The Approved I140/eb2 With Priority Date Of Nov 2004 By Using Existing I485, Or I Need To File Fresh I485.
--------------------------------your Lawyer Need To Make A Request To Uscis To Interfile The Copy Eb2 I-140 Approval With Pending I-485 And Need To Requst That Pending I-485 With Reciept#..... Should Be Approved Based On Eb2 I-140 And Also Send The Job Offer Letter Of Eb2 Employer.don’t Depend On A#. Uscis Does Not Do Anything Automatically In Your Situation. Write To Uscis.


In Other Words, I Am Wondering If I Can Use My I 485 Which Was Filed Last Year With Previous I140 Eb3 Case (which Was Latter Denied) With My Recent I140 So As To Avoid Refiling Of I485, Finger Printing, Medical To Save Time, Efforts And Money Towards Legal And Statutory Fees. If So What Should Be Next Step Given Only 2 Weeks In Hand.

Please Pour In Your Experience And
Legal Opinion.

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[mardala]

My lawyer will be submitting G28 before Aug 1st along with a request letter to interfile those two A# and adjudicate the case based on recently approved I140 and pending I485 with uscis for me and my dependents.

Will it make any sense to take infopass and visit local service center to expedite the case in first week of Aug 08 in case the online status doesn't change by that time.

I need to avoid further delay till another round of visa # availability.

Please advice.

 

[ginnu]

My lawyer will be submitting G28 before Aug 1st along with a request letter to interfile those two A#
----------------------------- request letter should be to interfile I-140 Reciept #..... with pending I-485 reciept#....if you have two A# then lawyer will write on cover letter that A#... and A.... both belong to you.

and adjudicate the case based on recently approved I140 and pending I485 with uscis for me and my dependents.

Will it make any sense to take infopass and visit local service center to expedite the case in first week of Aug 08 in case the online status doesn't change by that time.
-------------------------local office is not having your I-485 with them
I need to avoid further delay till another round of visa # availability.

Please advice.

-----------------talk to your lawyer