Transferring Pending concurrently filed I-485 (with EB-2) to newly approved I-140 EB-1
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I am an Indian Citizen. Live in Virginia.
Fall in INS jurisdiction: Vermont Service Center (VSC).
All below apply to my and my wife's cases (2 applications).
7/25/2005 * VSC *
EB-2, I-140 filed (National Interest Waiver)
I-485 concurrently filed.
9/10/2005 * VSC *
Approved EB-2, I-140
9/22/2005 * VSC *
I-485
Finger print review completed.
Since then no progress in I-485.
Priority dates retrogressed.
No visas available for Eb-2 India.
5/4/2006 * NSC *
Filed EB-1, I-140.
“Extraordinary Ability in Science”
Sent application to Nebraska according to new rules as VSC stopped accepting I-140 applications. Case receipt received from TSC, so I understood that TSC will process my case.
9/21/2006 * TSC*
Approved EB-1, I-140
Priority dates current for India EB-1.
Visa numbers available for Eb-1 India as extremely small number of people get qualified in EB-1, EOA
Late Sept 2006
Sent letter to INS to link my pending I-485 concurrently filed with EB-2 to now link with my new EB-1.
Early Oct 2006.
Recvd INS reply.
“An immigration officer will review your case and your newly approved I-140 petition will be taken into consideration”.
Late Oct 2006.
Called INS. Phone agent could not handle such unique request of linking applications, so allowed me to talk to INS Officer. INS Officer told that it is not possible to do it like this, I will have to file new I-485 and attach copy of my new I-140, EB-1. Upon telling her about the reply received from INS, so said “if that is so then wait for further progress”
Seems no one actually knows what to do, no set rules for this kind of situation.
No progress since then, no date update.
Early Nov 2006.
Wrote another letter to INS requesting the linking, also attached their reply and requested them to place a copy of all my letters in my file.
Second week of Nov 2006.
Nothing changed
Last week of Nov 2006.
Called INS again, since according to new priority dates even now my EB-2 linked I-485 is past processing dates. I know they cant process it on the basis of approved EB-2, I-140, but agent does not know this so she filed a request for processing of the case as it was past processing date. I did this so that at least someone will at least have a look at my I-485 and then do the linking when he/she finds my request and INS reply in my file.
1/17/2007
No I-485 case update. Nothing changed. No reply to my second letter where I attached INS reply.
2/5/2007
Seems I bothered them too much so I received a letter from them saying that NO VISA AVAILABLE FOR YOUR CASE. WE ARE CLOSELY MONITORING VISA SITUATION WITH DEPT OF STATE. PLEASE DO NOT CONTACT THIS OFFICE.
I also called FBI and they said my fingerprinting results were sent back same day in 2005 and now with this letter I believe I am all set to get green card if visas would have been available.
Seems they are still now caring to link my new I-140 to my concurrently filed i-485 with EB-2.
SO my question is can I now file another 485 based on my EB-1 where visa dates are current. By this I mean without withdrawing my earlier I-485.
Last week I also send them letter showing Pearsons Memo which describes this transfer cab be done under Section 245.
*********************
I filed both I-140 by myself without any help or appointing a lawyer who mostly do messy job. My friends curse them all the time for changing them $7000 and doing nothing.
I am running short of money with some debt due to personal problems. Filing another 2 x I-485 means spending another ~ $1200 (For me and my wife: 2 x I-485 fees $325 + 2x $70 Biometirc fees + 2x 200 Medical Checkup again) and then getting the fingerprinting done again.
Basically wasting both time and money which I am short of now. Does any one know the best solution for this or do you know of anyone who had been through same situation and then finally gotten his green card.
__________________
INDIA EB-2 (NIW) I-140 concurrently filing; PD: 7/25/2005; AD: 11/10/2005
I-485 LUD: 11/10/2005 (F Print review completed) Retrogression
Filed EB-1 (ExtraOrdinaryAbility) I-140; Approved 5/4/2006, since visa# CURRENT
Trying to link my NIW I-485 with new EB-1.
------------------------------------------------------------------------
I am an Indian Citizen. Live in Virginia.
Fall in INS jurisdiction: Vermont Service Center (VSC).
All below apply to my and my wife's cases (2 applications).
7/25/2005 * VSC *
EB-2, I-140 filed (National Interest Waiver)
I-485 concurrently filed.
9/10/2005 * VSC *
Approved EB-2, I-140
9/22/2005 * VSC *
I-485
Finger print review completed.
Since then no progress in I-485.
Priority dates retrogressed.
No visas available for Eb-2 India.
5/4/2006 * NSC *
Filed EB-1, I-140.
“Extraordinary Ability in Science”
Sent application to Nebraska according to new rules as VSC stopped accepting I-140 applications. Case receipt received from TSC, so I understood that TSC will process my case.
9/21/2006 * TSC*
Approved EB-1, I-140
Priority dates current for India EB-1.
Visa numbers available for Eb-1 India as extremely small number of people get qualified in EB-1, EOA
Late Sept 2006
Sent letter to INS to link my pending I-485 concurrently filed with EB-2 to now link with my new EB-1.
Early Oct 2006.
Recvd INS reply.
“An immigration officer will review your case and your newly approved I-140 petition will be taken into consideration”.
Late Oct 2006.
Called INS. Phone agent could not handle such unique request of linking applications, so allowed me to talk to INS Officer. INS Officer told that it is not possible to do it like this, I will have to file new I-485 and attach copy of my new I-140, EB-1. Upon telling her about the reply received from INS, so said “if that is so then wait for further progress”
Seems no one actually knows what to do, no set rules for this kind of situation.
No progress since then, no date update.
Early Nov 2006.
Wrote another letter to INS requesting the linking, also attached their reply and requested them to place a copy of all my letters in my file.
Second week of Nov 2006.
Nothing changed
Last week of Nov 2006.
Called INS again, since according to new priority dates even now my EB-2 linked I-485 is past processing dates. I know they cant process it on the basis of approved EB-2, I-140, but agent does not know this so she filed a request for processing of the case as it was past processing date. I did this so that at least someone will at least have a look at my I-485 and then do the linking when he/she finds my request and INS reply in my file.
1/17/2007
No I-485 case update. Nothing changed. No reply to my second letter where I attached INS reply.
2/5/2007
Seems I bothered them too much so I received a letter from them saying that NO VISA AVAILABLE FOR YOUR CASE. WE ARE CLOSELY MONITORING VISA SITUATION WITH DEPT OF STATE. PLEASE DO NOT CONTACT THIS OFFICE.
I also called FBI and they said my fingerprinting results were sent back same day in 2005 and now with this letter I believe I am all set to get green card if visas would have been available.
Seems they are still now caring to link my new I-140 to my concurrently filed i-485 with EB-2.
SO my question is can I now file another 485 based on my EB-1 where visa dates are current. By this I mean without withdrawing my earlier I-485.
Last week I also send them letter showing Pearsons Memo which describes this transfer cab be done under Section 245.
*********************
I filed both I-140 by myself without any help or appointing a lawyer who mostly do messy job. My friends curse them all the time for changing them $7000 and doing nothing.
I am running short of money with some debt due to personal problems. Filing another 2 x I-485 means spending another ~ $1200 (For me and my wife: 2 x I-485 fees $325 + 2x $70 Biometirc fees + 2x 200 Medical Checkup again) and then getting the fingerprinting done again.
Basically wasting both time and money which I am short of now. Does any one know the best solution for this or do you know of anyone who had been through same situation and then finally gotten his green card.
__________________
INDIA EB-2 (NIW) I-140 concurrently filing; PD: 7/25/2005; AD: 11/10/2005
I-485 LUD: 11/10/2005 (F Print review completed) Retrogression
Filed EB-1 (ExtraOrdinaryAbility) I-140; Approved 5/4/2006, since visa# CURRENT
Trying to link my NIW I-485 with new EB-1.