Urgent: Should the "interfile" request mention my wife's pending I-485 explicitly?

soldier21st

Registered Users (C)
I have an EB-3 based I-485 application pending for 3 years due to the visa number retrogression. Recently I applied for an EB-2 based PERM and I-140. The EB-2 based I-140 got approved, and my lawyer filed the I-485 inter-file request yesterday. Today I received a copy of the package and found that, in the inter-file letter, my wife's pending I-485 case was not mentioned, although the lawyer indicated that she would mention my wife's case in this last step per our previous discussion. I wonder if this is going to be a problem for my wife's application. Or my worry is not necessary, since as my derivative, my wife's case will be considered to have the same priority date as mine so long as I filed the inter-file to carry over the priority date? I know it is hard to answer such a question, since there is not any guideline on this point. But I would like to hear other's experience - did you all mention your derivative's pending case in the inter-file letter, or you didn't and the derivative's pending case was approved without any problem? Any experience and thought would be greatly appreciated. Thanks in advance.
 
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I have an EB-3 based I-485 application pending for 3 years due to the visa number retrogression. Recently I applied for an EB-2 based PERM and I-140. The EB-2 based I-140 got approved, and my lawyer filed the I-485 inter-file request yesterday. Today I received a copy of the package and found that, in the inter-file letter, my wife's pending I-485 case was not mentioned, although the lawyer indicated that she would mention my wife's case in this last step per our previous discussion. I wonder if this is going to be a problem for my wife's application. Or my worry is not necessary, since as my derivative, my wife's case will be considered to have the same priority date as mine so long as I filed the inter-file to carry over the priority date? I know it is hard to answer such a question, since there is not any guideline on this point. But I would like to hear other's experience - did you all mention your derivative's pending case in the inter-file letter, or you didn't and the derivative's pending case was approved without any problem? Any experience and thought would be greatly appreciated. Thanks in advance.


Valid point. By the way which address you sent your inter-file request and what are the supporting documents you sent? I would appreciate your posting on this.
 
Address:
USCIS Nebraska Service Center
P.O. Box 82521
Lincoln, NE 68501-2521

Supporting Documents:
EB-2 I-140 Approval Notice
I-485 Receipt notice
A copy of the Pearson Memo
 
Address:
USCIS Nebraska Service Center
P.O. Box 82521
Lincoln, NE 68501-2521

Supporting Documents:
EB-2 I-140 Approval Notice
I-485 Receipt notice
A copy of the Pearson Memo

I have sent a PM to you. One more thing di dyou try to contact NSC for interfiling process? if so then how did you contact? I have EAC receipt number and last year our files were transferred from VSC to NSC. Since then our 485 files are pending there and my spouse's 485 file got transferred to VSC on March 14, 2007. So where to send the interfiling request :)

Thanks once again
 
What is EAC?

I did not contact the NSC. The lawyer chose the address. Have you talked to any lawyer about where to find your inter-file request? I think the lawyer should know how to find it out.
 
What is EAC?

I did not contact the NSC. The lawyer chose the address. Have you talked to any lawyer about where to find your inter-file request? I think the lawyer should know how to find it out.


EAC is from Vermont Service center (like LIN is from NSC). even if you have attorney we have to feed them in terms providing information.
 
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