kevin08
11-17-2011, 11:29 AM
My EB2 NIW I-140 “Self Petition” was recently approved by TSC. My earlier EB3 employer-based I-140 was approved by NSC (March 2008 PD). At the time of filing EB2 NIW, I requested TSC to recapture EB3 PD, however, the approval notice is issued without recapture.
Given my PD is current based on the EB2 NIW approval, how can I file for the Adjustment of Status? Can I concurrently file Form I-485 and Form I-824 to amend the approved EB2 NIW I-140 (recapture EB3 PD) or shall I just submit a letter stating that the “I-485 should be approved based on the EB2 NIW but with EB3 PD”?
I have searched the IV forum posts but all I could find is the information on porting/interfiling/recapturing earlier PDs while the I-485 is already filed/pending. Please feel free to guide me to the forum posts similar to my case.
PS: Thank you for your time and efforts in advance.
Given my PD is current based on the EB2 NIW approval, how can I file for the Adjustment of Status? Can I concurrently file Form I-485 and Form I-824 to amend the approved EB2 NIW I-140 (recapture EB3 PD) or shall I just submit a letter stating that the “I-485 should be approved based on the EB2 NIW but with EB3 PD”?
I have searched the IV forum posts but all I could find is the information on porting/interfiling/recapturing earlier PDs while the I-485 is already filed/pending. Please feel free to guide me to the forum posts similar to my case.
PS: Thank you for your time and efforts in advance.