Urgent: Transferring I485 across I140

[tc2007]

Hi
I would like to ask the experts over here if it was possible to transfer the 485 application which is tied to a denied I140 to a new labor and 140 in a different category which is still pending?

If yes, I assume that the priority date will be the new date.


My old I140 is denied, and appeal is in pending state. I have no hope of the appeal in my favor. but would like to save some trouble by transferring the 485 with the new one.


thanks
tc.

 

[virtuo0]

tc,
What i heard from ppl is that you can do it. But from what i read it cannot be done. Most important thing is when you filed the 485 your current priority date (the priority date on new 140) should be current. Which is impossible coz urs is a new labor. This can happen only if you have 2 140s pending at the time of filing 485 and both were current and now you want to change it from one to another.

I believe other req is that 140 is approved.

I am also in the same situation like you.

I am not a legal expert. This is from what i read and heard. Obtain an expert advice for more clarity. Good luck