VSC/I-485 filed based on USABAL, Got Notice for explaining Progressive Experience

[Mahender Singh]

Hi,

My I-140 was filed on September 13, 1999 in EB-2/BS+5 category. It is still not approved, no REFs either. But in the meantine last week my Attorneys have file I-485 on the basis of USABAL (E-2/BS+5 Law suite). Within a week my Attorneys got a Notice from VSC asking for explaining Progressive work experience both from me and the employer.

I am collecting new experience letters and my employer is also preparing a letter.

Is anybody in the same situation? What would happen if INS reject the Clarifications? Would I be able to file I-485 in E-3 without waiting for I-140 to be approved? Or do I have to start I-140 all over again?
Any help would be appreciated.

Thanks

Mahender Singh

 

[Ajay Jadeja]

No Title

How can you file for 485 without a valid I-140 for EB3. For EB3
the California lawsuit is not valid. I think you will have to
file for I-140 for EB3 first. Talk to a lawyer...