Second fresh 485 or Interfiling ? or AC 21 ? please advise

L

leeladhar

Registered Users (C)
I worked for company A, filed Labor certification (ETA 750) got approved, filed EB-3 I-140, and resigned for that company, and joined company B.

Soon after I joined company B (within a week) theEB-3 I140 from Company A got approved.

Company B filed PERM LC and filed EB-3 I-140, requesting the Priority date ( June 2002) of Company A’s I-140.

During July 2007 fiasco, I filed 485, based on Company A’s approved I 140.
It is now more than 300 days for that 485 and remained un-adjudicated.

Last month (June 2008) the company B’s 140 got approved with the old company A’s PD.

Now what shall I do ?
1) Shall I simply wait to get my PD current ?
2) Wait and See if the 485 filed based on company A 140 gets approved?
3) File AC-21 ? (job is similar)
4) Interfile the company B 140 with the existing 485 ?
5) File a fresh 485 when the PD is current ?
 
No matter the PD, you can't file another I-485 now with or without interfiling, because EB3 is unavailable. Take the medical exam and gather the other required documents, then wait for the October bulletin to decide your next move.

But the big question I am wondering about is this ... given that you have used A's PD to file the new I-140, I don't know if you can still use A's I-485.
 
leeladhar said:
I worked for company A, filed Labor certification (ETA 750) got approved, filed EB-3 I-140, and resigned for that company, and joined company B.

Soon after I joined company B (within a week) the EB-3 I140 from Company A got approved.

Company B filed PERM LC and filed EB-3 I-140, requesting the Priority date ( June 2002) of Company A’s I-140.

During July 2007 fiasco, I filed 485, based on Company A’s approved I 140.
---------------Thaty was ok
It is now more than 300 days for that 485 and remained un-adjudicated.

Last month (June 2008) the company B’s 140 got approved with the old company A’s PD.

Now what shall I do ?
1) Shall I simply wait to get my PD current ?
2) Wait and See if the 485 filed based on company A 140 gets approved?
------------------if that is the case file AC21
3) File AC-21 ? (job is similar)
------------------------you can do that
4) Interfile the company B 140 with the existing 485 ?
----------------------if you want I-485 approved on the base of B I-140 approval then request USCIS to Interfile the B I-140 (send copy of I-140 approval) with Pending I-485 reciept#..... and A#..... also send new company B job offer letter. on Cover letter write your Name, A#..1-485 filing reciept#.. DOB and request to interfile New I-140 with Pending I-485. sign the cover letter with date and keep the copy with you and attach B I-140 approval notice+ I-485 reciept copy

5) File a fresh 485 when the PD is current ?
Click to expand...
----------------------why to file fresh I-485? you have pending I-485 and you can request to Interfile second I-140. if you interfile second I-140 with Pending I-485 and send new employer job offer then no need of AC21

as other poster said "I don't know if you can still use A's I-485." I-485 belongs to YOU not to employer A or B and you CAN Interfile B I-140 with your PENDING I-485.
 
ginnu said:
as other poster said "I don't know if you can still use A's I-485." I-485 belongs to YOU not to employer A or B and you CAN Interfile B I-140 with your PENDING I-485.
Click to expand...
But the I-140 belongs to the employer. A's I-140 was used to port the PD for B, so it would seem strange to still be allowed to keep the original I-485 alive, given that it was based on A's I-140 whose PD has been ported to something else. If USCIS allows that, that's good, but the OP should consult an attorney before making a final decision, given the oddity of the situation.
 
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Jackolantern said:
But the I-140 belongs to the employer.
-------I-140 can belong to A or B or C employer but I-485 does NOT belong to A or B or C employer and one can Interfile the second I-140 with PENDING I-485
A's I-140 was used to port the PD for B, so it would seem strange to still be allowed to keep the original I-485 alive, given that it was based on A's I-140 whose PD has been ported to something else. If USCIS allows that, that's good,
----------------------USCIS allows that.if one has Pending I-485 and any I-140 for him was approved in Past then he/she can port the PD to new I-140.


but the OP should consult an attorney before making a final decision, given the oddity of the situation.
----------------------one should read Pearson MEMO
Click to expand...

http://www.cyrusmehta.com/related/Pearson-May-9-2000-Memo2.pdf
http://www.ilw.com/articles/2005,1004-mehta.shtm
One can keep the PD for life if I-140 gets approved( Reported by Matthew Oh, Attorney)

It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date

(e) Retention of section 203(b)(1), (2), or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
 
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If the I-485 of A is still alive, and the jobs of A and B meet the "same or similar" criteria, it would be unnecessary to interfile. Just keep running with the original I-485 using AC21.
 
Jackolantern said:
If the I-485 of A is still alive, and the jobs of A and B meet the "same or similar" criteria, it would be unnecessary to interfile. Just keep running with the original I-485 using AC21.
Click to expand...

----- I-485 is still alive and I-485 does not belong to A. Poster can Interfile Second I-140 or can use AC21. Poster knows if his/her job duties are same or similar.
 
Thank you Ginnu and Jackolantern, for your valueble inputs.

Do I need to wait for interfiling till the PD becomes current in October (?), or I can go ahead and interfile now ?

My medical will be more than one year by now, also there are new medical requirements by USCIS, so the old medical will be good ? Do me and family need new medical ?

The July 2007 485 based on A's 140 is filed with old fees . If I interfile the fee change will have any issue ?

Thank you again.
 
ginnu said:
----- I-485 is still alive and I-485 does not belong to A.
Click to expand...
You know what I meant and I know that the I-485 isn't directly tied to A. I don't want to spell out "the I-485 that was based on the I-140 that was filed by A" every time.
 
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leeladhar said:
Thank you Ginnu and Jackolantern, for your valueble inputs.

Do I need to wait for interfiling till the PD becomes current in October (?), or I can go ahead and interfile now ?
--------------------- if you wishYou can file now Interfiling has nothing to do with PD. one can Interfile I-140 if I-485 is pending.
My medical will be more than one year by now, also there are new medical requirements by USCIS, so the old medical will be good ? Do me and family need new medical ?
----------------------your Medicals are OK
The July 2007 485 based on A's 140 is filed with old fees .
If I interfile the fee change will have any issue ?
-----------------no Fee for Interfiling.
Thank you again.
Click to expand...
-------------------------
 
Thank you Adarsh, Ginnu and Jackolantern.

This interfiling and interlinking that I see in this thread "Interfiling 485 or re-submitting 485 after EB1A approved " which is shown in the list of 'similar threads' below are same ?
It seems in that thread not many people are successfull with this approach.

Also this did have any thing to do with the Service center ?
Adarsh, Ginnu which service center was yours ?
My 485s are pending in NSC. The A's 140 and the present B's 140 were approved at TSC.
My state jurisdiction for 140s and hence 485s is at TSC .
If I goahead with interfiling where should I file ?

Please advice.
 
leeladhar said:
Thank you Adarsh, Ginnu and Jackolantern.

This interfiling and interlinking that I see in this thread "Interfiling 485 or re-submitting 485 after EB1A approved " which is shown in the list of 'similar threads' below are same ?
It seems in that thread not many people are successfull with this approach.

Also this did have any thing to do with the Service center ?
Adarsh, Ginnu which service center was yours ?
My 485s are pending in NSC. The A's 140 and the present B's 140 were approved at TSC.
My state jurisdiction for 140s and hence 485s is at TSC .
If I goahead with interfiling where should I file ?

Please advice.
Click to expand...

You will send Request to Interfile where your I-485 is pending
 
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