I am in a peculiar situation and need your advice.
I was working with a firm in OHIO and they had filed for my Permanent residency application in Jan 2002. We got the I-140 approved with a priority date of 13-January 2002 in EB-3 and had pending I-485 for self and spouse in Nebraska Service center.
We then decided to move from OHIO to New York and I started with a new job in a company in New York. They filed for Labor certification through PERM and got it certified in June 2005. We then applied for I-140 and I485 with Vermont Service center in June 2005. The I-140 was approved in EB-2 category with a priority date of 13-January 2002.
So now we had 2 set of I-485’s, one based on the I-140 from my previous employer in Nebraska and one set based of the I-140 from my current employer in Vermont Service Center.
In July 2006, Vermont Service Center forwarded our I-485’s pending there to the Nebraska Service Center. To avoid all the confusion, we had then requested Nebraska Service to withdraw our earlier pending I-485’s (based on the I-140 from the previous employer) and just process the I-485’s based on the I-140 from the current employer, the one which was transferred from Vermont Service center. Nebraska Service Center withdrew the older 485 (one based on previous employer) for me, but for my spouse they withdrew the 485 based on the current employer.
So now we have just one set of I-485’s pending in Nebraska, but the issue that I see is for my spouse the I-485 that is pending is based on the I-140 from my previous employer and not my current employer.
I have reached out to NSC 2-3 times in the last 6 months through phone/mail asking them to process my spouse’s I-485 also based on my new I-140 but no response yet.
Here is my question.
1. If my I-485 gets approved and my spouse’s is still pending would it be an issue as I no longer work with the previous employer and his 485 was based on the I-140 from the previous employer.
Please advice.
I was working with a firm in OHIO and they had filed for my Permanent residency application in Jan 2002. We got the I-140 approved with a priority date of 13-January 2002 in EB-3 and had pending I-485 for self and spouse in Nebraska Service center.
We then decided to move from OHIO to New York and I started with a new job in a company in New York. They filed for Labor certification through PERM and got it certified in June 2005. We then applied for I-140 and I485 with Vermont Service center in June 2005. The I-140 was approved in EB-2 category with a priority date of 13-January 2002.
So now we had 2 set of I-485’s, one based on the I-140 from my previous employer in Nebraska and one set based of the I-140 from my current employer in Vermont Service Center.
In July 2006, Vermont Service Center forwarded our I-485’s pending there to the Nebraska Service Center. To avoid all the confusion, we had then requested Nebraska Service to withdraw our earlier pending I-485’s (based on the I-140 from the previous employer) and just process the I-485’s based on the I-140 from the current employer, the one which was transferred from Vermont Service center. Nebraska Service Center withdrew the older 485 (one based on previous employer) for me, but for my spouse they withdrew the 485 based on the current employer.
So now we have just one set of I-485’s pending in Nebraska, but the issue that I see is for my spouse the I-485 that is pending is based on the I-140 from my previous employer and not my current employer.
I have reached out to NSC 2-3 times in the last 6 months through phone/mail asking them to process my spouse’s I-485 also based on my new I-140 but no response yet.
Here is my question.
1. If my I-485 gets approved and my spouse’s is still pending would it be an issue as I no longer work with the previous employer and his 485 was based on the I-140 from the previous employer.
Please advice.
