Switch different I-140s for I-485

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snowbupt

Registered Users (C)
Dear all,

I filed two I-140s on May 2002 in VSC Center, one is based on NIW, the other is based on EB1A. I filed a I-485 based on pending I-140 based on EB1A on September 2002. However my I-140 based on NIW was approved while EB1A got a RFE. My lawyer told me not to respond RFE. He sent a letter to INS and asked them to link my I-485 to the approved I-140 on Aug. 10. But got no respond now. What should I do, wait for another time, or withdraw the pending I-485 and file a new I-485 using the approved I-140? I will lose my job on Dec. 26th this year. Please help me! Thanks a lot.
 
I was asking the same question on another thread but no response yet. I filed two I-140s in this August. One is based on EB1-OR, and the other is NIW. I am going to file I-485 in a couple of days. One lawyer told me to pick one of them and attach the I-140 receipt with I-485. He said I-485 is transferable, so, if necessary, I can write to BCIS to transfer my I-485. That's exactly what your lawyer did. However, I am not sure whether it's easy to transfer I-485 in that way. I am hesitating between EB1-OR and NIW. I prefer NIW, but I feel maybe OR is eaiser to get approved. Could you keep me informed of any further news? My email is mimihu1@hotmail.com. Thanks!
 
snowbupt:



I filed two I-140s on May 2002 in VSC Center, one is based on NIW, and the other is based on EB1A. I filed an I-485 based on pending I-140 based on EB1A on September 2002.

However my I-140 based on NIW was approved while EB1A got a RFE. My lawyer told me not to respond RFE.
--- Your lawyer is correct
He sent a letter to INS and asked them to link my I-485 to the approved I-140 on Aug. 10.
----- He did the correct thing; keep the copy of letter that your lawyer sent to BCIS that your I-485 should be approved on the base of I-140 NIW. He was supposed to write to BCIS with your I-485 receipt and copy of approved I-140 so that BCIS can attach the approved I-140 with your pending I-485 file.
But got no respond now.
--- BCIS will not respond that they received the letter and no receipt will be generated by BCIS for the letter as this is treated as general correspondence. don’t expect any reply from them just make sure that your lawyer sent the letter to VSC and requested BCIS to attach your approved I-140 copy to pending I-485 EAC#XXXXXXXXX and made a request to BCIS to approve the pending I-485 based on this I-140. If you are sure that lawyer has sent a letter then relax, your status is AOS pending once you file I-485.
What should I do, wait for another time, or withdraw the pending I-485 and file a new I-485 using the approved I-140?
---- No need to file new I-485, you have pending I-485 and pending I-485 can be substituted with other approved I-140. If the BCIS needs any info they will contact you or your lawyer. Your case is straight and no need to worry. If you want to waste money on medicals and lawyer fees, BCIS fees, you can file other I-485 and filling second I-485 is not illegal.
I will lose my job on Dec. 26th this year.
----- What is your current status? If you are going to loose the job try to find the job in same area for which your NIW I-140 was approved.
Please help me! Thanks a lot.
---- Don’t you have EAD? If you have not applied for EAD then apply for EAD, AP immediately. Once you apply for EAD just fill up the form I-765, pay the fess $120 check to BCIS, 2 photographs (same style you sent with I-140) attach copy of your I-485 filing receipt and copy of approved I-140. That way you will get the EAD and will automatically update BCIS about your I-140 and I-485 and at that time they will update the BCIS computer system and will also attach the lawyer letter to the pending I-485 file (BCIS is lazy in attaching the letter with pending files as they have to get the file from storage). Write in the cover letter documents attached for EAD and mark the envelope out side as” Application for work authorization document” in bold letters.
For AP fill up form I-131, check to BCIS$ 110,2 photographs copy of approved I-140 and receipt of I-485 filling.
Good Luck!!!
 
Hi ginnu,

Thank you so much for your post.

Currently my status is H1-B, which will expire in 12/26 and my job also complete at that time. I asked my lawyer, and he mentioned switch I-140 for my I-485. He also said that the law for interfiling for the concurrent filing is not clear. Do you remember that once the I-140 was denied, the linked I-485 was denied too for the concurrent filing?

The situation of switch I-140 for I-485 is that both I-140s are approved, and this is called interfiling. For example, you have 2 I-140s, one is EB1A and another is EB2, if they are both approved, and you filed I-485 with EB2, then you can switch to EB1A, because it might bring some benifits such as less waiting time.

One can take advantage of concurrent filing if interfiling is possible for concurrent filing:

You applied several I-140s, no matter if you are qualifed, and concurrent file a I-485 to "reserve a seat". Switch between I-140s to I-485 when a I-140 was approved. I guess BICS might consider this fact and does not allow to transfer between different I-140. Sometimes the law of BICS is not clear, and I do not take a risk.

I once applied EAD and AP last December based on pending I-485 and pending I-140, and these document will be due by Feburary 2004. I did not use these documents because they are based on pending I-140.

Is it a good idea to make a phone call to BICS to confirm they receive my letter? I once tried two times. The first time, people who answered the phone told me I should file another I-485 for I-485 should be linked to one I-140. I have doubt about his saying but did not argue with him at that time. The second time, a lady told me when they finished the processing of pending I-140 ( the case in which I got RFE) they would make a decision. But she did not mention if BICS receive my letter, neither confirm I-485 is transferable. Can you give me some suggestion on how to verify it?

My lawyer suggested me that I wait for 2-3 months, then make a decision to file another I-485. In fact I prepared another medical exam, and only cost is I-485 and finge print (305). I do not care money too much, because it is paid off in future if I can keep legal status.

Where can I find the rule that filing another I-485 is not illegal? If I file it, I should apply EAD, AP. Another question is that what is the fate of my first I-485? It is handled as normal or killed automatically by the second I-485? Will it cause any problem in future? I know that my lawyer has liability to answer my question. But he might not have such experience.

Your answer is highly appreciated.
 
Me too

hello everyone,

I have a similar situation and would like to share my experience at VSC.

I filed two i-140 EB1 applications as my job coverse two different categories: O/researcher and O/business person (no NIW). Both of these were company sponsored and via one attorney.

We thought that the O/Business person i-140 application would be approved while we expected RFE for the O/Researcher. So we attached *one* concurrent i-485 to the O/Business person application. To our surprise, the O/Researcher application got approved first, leaving us in limbo regarding how our i-485 would be approved.

Both i-140s
ND: 06/03/02
O/Researcher AD: 07/16/03
O/Business Person AD: 10/02/03
Concurrent i-485 ND (filed with O/Business person): 09/03/02

So, our attorney sent in the letter, asking to link the two files and, like your attorney suggested, we waited almost a couple of months to see what would happen. Nothing is what happened.

We decided it was time to intervene at the end of September, so our attorney hired the services of a VT attorney to go in person to speak with BCIS at VSC regarding our files. After $780 in fees & expenses here is what we found:

1. Yes, both i-140s are being tracked together and along with the i-485
2. They asked us whether we were willing to revoke the pending i-140 - we said yes - because it would reduce their workload
3. They told us they are backed up with security checks thus our concurrent i-485 would take a few more months.
4. We also found out that although my i-485 application was not open, my wife's was already being processed.

Two days after the VT attorney visited VSC and before our attorney had the chance of revoking our pending i-140, it was approved.

So, if you are asking yourselves what we accomplished with our inquiry? Not very much other than piece of mind and attention to our file.

Will keep you posted.
 
Dear luckystar,

Thank you very much for your post. It is really interesting and helpful. You said that your I-140 was approved when you agree to revoke it, right? If yes, it is interesting.

It is a good idea that you hire a VT attorney to help you on it. Did you or your attorney try to call BICS yourself? If yes, what is the answer? Who is your attorney in VT? Can you tell me his/her contact information? I guess it is still no useful if I let my attorney to make a phone call to BICS service center number(800 number).

My email address is snowbupt@yahoo.com. I would highly appreciate if you can tell me the VT attorney contact message.
 
We called the 800 number in VT. Our lawyer did too. We placed over 3 status inquiry requests that are yet to be answered... after 3 months. It made a great difference to send someone in.

Snowbupt - I will send you the information off line.
 
How about pending I140s

Does anyone have experience with switching one pending I140 for another, or attaching a second one to the I485 ?
 
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