Weird interlinking of I-485 concurrently filed with EB1-EA (denied) to approved NIW based I-140

S

srb8

New Member
Hi,

My case details are as follows:

I submitted EB1-EA based I-140 through a lawyer around 10th of July 2007 (premium processing). Submitted I-485 for myself and my wife along with EAD and AP for both of us on 18th July (included the I-140 receipt).

Got the denial notice around 26th of July 2007

Submitted NIW based I-140 on 27th of August 2007 (did it myself).

Received receipt notice for I-485 which stated that we received your Adjustment of status of application on September 15, 2007. Received EAD for both of us around October 2007. I did neither bother about my I-485 nor about my EAD as I was under the impression that my I-485 is invalid due to denial of EB1-EA based I140. We also got finger printing notices in October 2007 which we ignored thinking that it is invalid.

My NIW which was submitted on 27th August 2007 (Nebraska service center) got approved on October 24, 2008. My I-485 status still shows that it is pending. I got finger printing notice around 15th of January, 2009 and got the finger printing done yesterday (2/6/2009).

Now I realise that although my EB1-EA based I-140 was denied, my NIW based I-140 was already in their system by the time my I-485 was receipted (receipt date is September 15, 2007). As a result, my I-485 appears to be interlinked to NIW. In addition, my NIW based I-140 approval letter said, "The person this petition is for will be notified separately when a decision is reached on his or her pending adjustment of status application". This statement on NIW approval letter gave me the feeling that I-485 is interlinked to approved NIW I-140.

Did anybody have similar experience? I would appreciate it if you could share your experience on this issue.
 
srb8 said:
Hi,

My case details are as follows:

I submitted EB1-EA based I-140 through a lawyer around 10th of July 2007 (premium processing). Submitted I-485 for myself and my wife along with EAD and AP for both of us on 18th July (included the I-140 receipt).

Got the denial notice around 26th of July 2007

Submitted NIW based I-140 on 27th of August 2007 (did it myself).

Received receipt notice for I-485 which stated that we received your Adjustment of status of application on September 15, 2007. Received EAD for both of us around October 2007. I did neither bother about my I-485 nor about my EAD as I was under the impression that my I-485 is invalid due to denial of EB1-EA based I140. We also got finger printing notices in October 2007 which we ignored thinking that it is invalid.

My NIW which was submitted on 27th August 2007 (Nebraska service center) got approved on October 24, 2008. My I-485 status still shows that it is pending. I got finger printing notice around 15th of January, 2009 and got the finger printing done yesterday (2/6/2009).

Now I realise that although my EB1-EA based I-140 was denied, my NIW based I-140 was already in their system by the time my I-485 was receipted (receipt date is September 15, 2007). As a result, my I-485 appears to be interlinked to NIW. In addition, my NIW based I-140 approval letter said, "The person this petition is for will be notified separately when a decision is reached on his or her pending adjustment of status application". This statement on NIW approval letter gave me the feeling that I-485 is interlinked to approved NIW I-140.

Did anybody have similar experience? I would appreciate it if you could share your experience on this issue.
Click to expand...

Including a copy of the EB1 I140 is not required and no one will look at it. What happened is when you applied for NIW I140 with your A# as you said, it was in the system by the time they received the I485 (supposed you have a current PD), it is linked to that application, and you have to forget about the denied EB1 by now.
 
mmed,

Thank you for the clarification.
If I call the Nebraska service center, do you think they will be able to tell me the exact status on whether my I-485 is linked to my appoved NIW based I-140 or not?
 
srb8 said:
mmed,

Thank you for the clarification.
If I call the Nebraska service center, do you think they will be able to tell me the exact status on whether my I-485 is linked to my appoved NIW based I-140 or not?
Click to expand...

Do what ever you want, no harm. The point is that you have pending 485, you did FP, you got EAD and every thing looks OK. If this I45 related to the denied I140 it suppose to be collapsed by now and you suppose to receive big denial letter, which does not happened.
 
Hi
It is almost a year after your interlinking. I am sailing in the same boat. In my case I have a EB2 I140 with PD oct2008 and recently I applied for EB1B concurrent. I140 got denied. Yet my I485 status has not been denied. I am crossing my fingers.

Please let me know about your case status. Is your EAD still valid?

regards,
Drking
 
drking said:
Hi
It is almost a year after your interlinking. I am sailing in the same boat. In my case I have a EB2 I140 with PD oct2008 and recently I applied for EB1B concurrent. I140 got denied. Yet my I485 status has not been denied. I am crossing my fingers.
Click to expand...
Which I-140 got denied? The old EB2 one, or the new EB1? Did you file an I-485 for the new I-140?
 
srb8 said:
Hi,

My case details are as follows:

I submitted EB1-EA based I-140 through a lawyer around 10th of July 2007 (premium processing). Submitted I-485 for myself and my wife along with EAD and AP for both of us on 18th July (included the I-140 receipt).

Got the denial notice around 26th of July 2007

Submitted NIW based I-140 on 27th of August 2007 (did it myself).

Received receipt notice for I-485 which stated that we received your Adjustment of status of application on September 15, 2007. Received EAD for both of us around October 2007. I did neither bother about my I-485 nor about my EAD as I was under the impression that my I-485 is invalid due to denial of EB1-EA based I140. We also got finger printing notices in October 2007 which we ignored thinking that it is invalid.

My NIW which was submitted on 27th August 2007 (Nebraska service center) got approved on October 24, 2008. My I-485 status still shows that it is pending. I got finger printing notice around 15th of January, 2009 and got the finger printing done yesterday (2/6/2009).

Now I realise that although my EB1-EA based I-140 was denied, my NIW based I-140 was already in their system by the time my I-485 was receipted (receipt date is September 15, 2007). As a result, my I-485 appears to be interlinked to NIW. In addition, my NIW based I-140 approval letter said, "The person this petition is for will be notified separately when a decision is reached on his or her pending adjustment of status application". This statement on NIW approval letter gave me the feeling that I-485 is interlinked to approved NIW I-140.

Did anybody have similar experience? I would appreciate it if you could share your experience on this issue.
Click to expand...

You filed EB1-EA-140 through lawyer
You filed I-485 based on EB1-EA I-140 and with your I-485 you attached Copy of I-140 filing receipt.
Your EB1-EA I-140 got denied and you have pending I-485 that was filed on the base of EB1-EA I-140.

You also filed NIW based I-140 on 27th of August 2007. if you wrote your A# on I-140 then USCIS may find that you have Pending I-485 based on EB1. they may interlink or they may not interlink.

You have two options:
Request USCIS for Interfiling of your NIW based I-140 with your Pending I-485 number XXXX. Send the request letter +copy of I-485 filing receipt+ copy of NIW I-140 approval notice to service center where your I-485 is Pending. Keep the copy of each document that you send to USCIS. You can take help from lawyer for Interfiling
OR
You can also file second I-485 based on NIW I-140 approval.
 
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similar situation

My first lawyer applied for a L1 visa for me. I104 was submitted with I485.
At the same time we applied for a Labor CErtification with another employer.
I140 on L1 was denied and I received a letter saying I485 was denied too.

Labor certification got approved and I140 for labor certification got approved too. Waiting for PD.
Now, playing with INS website, it looks like I485 is approved:
"Document production or Oath Ceremony"

Could it be that they linked previous I485 with Labor Certification I140?
What do I do next?
thanks
Javier
 
futre828 said:
Labor certification got approved and I140 for labor certification got approved too. Waiting for PD.
Now, playing with INS website, it looks like I485 is approved:
"Document production or Oath Ceremony"
Click to expand...
"Document production" doesn't always mean approval. What does the status message of the I-485 say?
 
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