New 140 approved, old 140 is at AAO, 485 pending

[Better_Days]

Here is a brief rundown of my situation. Can someone take a look at it and tell me if I have drawn all the right conclusions?

My first green card application ended up with the backlog elimination center. Once it was approved, I filed for I-140. After a while my PD became current and I filed for I-485. After a few weeks, my I-140 was denied. (It was in EB-3, I have a 3 year degree but NSC didn't accept it as being foreign equivalent to a US Degree). I appealed and the case was sent to the AAO someine in October 2007.

At that time I was enrolled in a Master's program. I had already finished my Bachelor. So I filed a new PERM, which was approved and then filed another I-140 in EB3 which was just approved. Obviously, the PD for this one is much later: something like December 2007.

Here are my conclusions:

1. The only advantage my approved I-140 currently gives me is that I can file for 3 year extension of my H1 as I am in my 8th (or may be 9th :)) year of H1.

2. I cannot link (interfile) my 485 with the new approved 140 as the old one has not been approved yet.

2. The PD of 12/2007 is mine to keep. If I decide to leave US (which I am seriously considering) and then decide to come back down the road, even if it is like 20 years down the road, I can use the older priority date if I get a copy of my approved I-140 from my employer before leaving.

3. Last but not least, is there ANYTHING I can do to make sure my H1 extension goes smoothly? These days there appears to be a surge in RFEs and denials on H1 extensions with USCIS asking for project descriptions, client engagement letters etc before granting extension in H1. Does it help if I dont go for 3 year extension but just go for 1.5, 2 years?

-Better Days

[morchu]

Yes. The conclusions all looks good to me.
Regarding your 3rd question, 1.5/2/3 year doesnt make much difference, as long as the job is available in good trust for that period of time. Obviously RFEs are issued when the evidences submitted are not good enough for USCIS. Recently there were some increase in incorrect decisions from USCIS side as well (probably more inexperienced officers).
Can someone take a look at it and tell me if I have drawn all the right conclusions?

[kshitijnt]

If you dont go for 3 yr extension, you just end up paying them more. What do you get?

Also dont count on your 2nd conclusion that PD is yours to keep forever. If your employer revokes I-140 then there are some situations where you can lose this PD.

[Better_Days]

If you dont go for 3 yr extension, you just end up paying them more. What do you get?


I know man, it was my thought as well.

It is just that things are a bit hairy @ work. Everyone is trying to keep a low profile and no one wants to rock the boat is any way possible :-)

I am the only H1 worker at my company and the last thing I want to do right now is harras my employer to answer RFEs, file more paper work. I guess I am grasping at straws to tilt the odds in my favour.

Damn man, that is no way for a free man to live :mad:

Any ways, thanks for your time.

[Better_Days]

Today I saw a LUD on my approved I-140, filed I-485 and approved I-131(Advanced Parole). The denied I-140 and the pending I-290B at the AAO Office did not have any LUD.

Why the heck did I get a soft LUD on my approved 140 along with the I-485? Untill and unless the old I-140 gets approved, there is no way the would start working on the 485 right? The case has been at the AAO since October 2007. Is it possible that these get approved with the online status getting updated :confused:

OK, let me come out and just say it: should I start getting my hopes up ?? :)

[Better_Days]

I have been looking into these on my own but have been unable to get answers on my own.

Just to recap: my old I-140 was denied and an appeal has been pending with AAO since October 2007.

I started a new PERM process and my 2nd I-140 was approved on 4/27/2009. On 5/06/2009, I had a LUD on the approved I-140, pending I-485 (that was filed based on the old-140) and my AP that was approved in 11/2008.

Does it mean that my pending I-485 is now linked with the approved I-140?

More generally, if an applicant has more than one I-140 pending in the same category (EB-3 in this case) and one of them is approved, does a pending 485 get linked to the approved one automatically?

If so, does it mean that I can now enjoy the benefits of AC-21? :) Someone please say yes :o

I think that the best way of determining this would be to ask USCIS which I-140 is linked to my pending I-485. Will USCIS refuse to release the information on the ground that the I140 belongs to the employer. Please note that I am not asking if a particular I-140 is approved or not? I am asking which I-140 is linked with "my" I-485.

Thanks to everyone who responds.

[Better_Days]

My first green card application ended up with the backlog elimination center. Once it was approved, I filed for I-140. After a while my PD became current and I filed for I-485. After a few weeks, my I-140 was denied. (It was in EB-3, I have a 3 year degree but NSC didn't accept it as being foreign equivalent to a US Degree). I appealed and the case was sent to the AAO someine in October 2007.

At that time I was enrolled in a Master's program. I had already finished my Bachelor. So I filed a new PERM, which was approved and then filed another I-140 in EB3 which was just approved. Obviously, the PD for this one is much later: something like December 2

Ok. Now I am flabbergasted.

A few days AFTER the approval of my second I-140, I noticed a soft LUD on the approved I-140 as well as the pending I-485 and a previously approved AP. I called USCIS and asked them to provide me with the receipt number of the I-140 underlying my pending I-485. The number given to me was that of the approved I-140 that was filed later!

I was so shocked that I called them again after a few days to make sure that I was not imagining things and got the same response: USCIS is telling me that my pending I-485 is linked with my approved I-140.

How is this possible? My understanding is that interfiling is allowed only if the I-140 underlying the I-485 is approved. Do I have an incorrect understanding of "interfiling"?

The only thing I can come up with is that in my case, both I-140 were in EB-3 and were from the same employer. Also an appeal for the previous I-140 was pending at AAO so technically it was still pending. In such a situation, I guess the USCIS links the first I-140 that gets approved to the I-485? But since my I-485 has been pending since October 2007, I guess I am entitled to use AC-21. correct?

Of course I called my lawyer and he, as always, is clueless :)

Is there anyone who can shed light on this development? Is there a catch or risk factor I am missing?

[Better_Days]

^bump^

Come on folks. There are some real smart people on this forum. Some of them know more about immigration than the blood-sucking law firms that I have dealt with in the past.

If anyone can shed any light on this, it will be appreciated.

[sanjeev_2004]

^bump^

Come on folks. There are some real smart people on this forum. Some of them know more about immigration than the blood-sucking law firms that I have dealt with in the past.

If anyone can shed any light on this, it will be appreciated.

Good new for you is that it is posible at least manually but I am not sure about automatic. I am some what similar situation but my new I140 is not from same company. I am not able to find that I need to work with company whose I140 is approved for 6 months before using my EAD.

I called uscis today and agent(even second level) didnt tell me about what I140 linked to my pending 485.

[gcganapati]

Man this is good news for you and me also.I am also same or similar situation like you.

My original I-140 and 485 denied due to 3 year degree issue.after that we applied eb3 labor from same employer and got approved and we filed new EB3 I-140 in texas center.

We posted the docs on 05/26/2009 it will reach by 06/01/2009 and lets see what will happen after my second I-140 approval.

Guys please help us..if any body in this situation please share your thoughts...

it will help us to get back out 485 status.

thanks
Ganapati.

[Better_Days]

Good new for you is that it is posible at least manually but I am not sure about automatic. I am some what similar situation but my new I140 is not from same company. I am not able to find that I need to work with company whose I140 is approved for 6 months before using my EAD.

I called uscis today and agent(even second level) didnt tell me about what I140 linked to my pending 485.

Here is how I worded my question "I have an employment based 485 pending with the USCIS and I need the receipt number of the underlying I-140 as my employer has lost the paperwork". They gave me the receipt number but also told me that I will have to have my employer call the USCIS to get the status of the I-140.

If they refuse to give the I-140 number. Explain to them that you are not asking the status of the I-140 and that you need to number so that your employer can call the USCIS to check the status.

If they still refuse, ask for their name and file a complaint.

[Better_Days]

Man this is good news for you and me also.I am also same or similar situation like you.

My original I-140 and 485 denied due to 3 year degree issue.after that we applied eb3 labor from same employer and got approved and we filed new EB3 I-140 in texas center.
....
.

Just a quick pointer, my original I-140 was pending at the AAO. So technically it was not denied. Consequently, the I-485 was still pending.

Please realize that I am not trying to discourage you. I really, really hope that things work out for you. I just trying to make sure that everyone on this thread is able to analyze the situation correctly.

[morchu]

There is a difference in your case to that of the previous poster.
In your case the 485 and older 140 are both in rejected state. So I dont see any other option for you than filing another new 485.

In the previous poster's case, his earlier 140 and 485 were both pending (140 in AAO).
485 was never denied for him, probably because of a timely filing of 140-decision-appeal.

If it is not tooo late, you can try appeal of the denied 140, and once it is pending, can try to re-open 485 based on the fact that the 140 is pending (I assume 485 rejection was based on the reason that 140 rejected).

Man this is good news for you and me also.I am also same or similar situation like you.

My original I-140 and 485 denied due to 3 year degree issue.after that we applied eb3 labor from same employer and got approved and we filed new EB3 I-140 in texas center.

We posted the docs on 05/26/2009 it will reach by 06/01/2009 and lets see what will happen after my second I-140 approval.

Guys please help us..if any body in this situation please share your thoughts...

it will help us to get back out 485 status.

thanks
Ganapati.

[vallabhu]

Man this is good news for you and me also.I am also same or similar situation like you.

My original I-140 and 485 denied due to 3 year degree issue.after that we applied eb3 labor from same employer and got approved and we filed new EB3 I-140 in texas center.

We posted the docs on 05/26/2009 it will reach by 06/01/2009 and lets see what will happen after my second I-140 approval.

Guys please help us..if any body in this situation please share your thoughts...

it will help us to get back out 485 status.

thanks
Ganapati.

Hi Ganapati, I am in same situation as yours, do you have any update on your case, I just got my second I140 approved