Immigration Voice

vijays16 · #1 (**permalink**) 12-23-2011, 10:40 AM

I have an approved i-140 in EB3 priority date 11/27/07 and a pending i-140 amendment in EB2 (Used the same labor from the previously approved I-140 in EB3). The receipt notice for the i140-amendment has a blank priority date.

Please advise if i can file for 485 on the basis of my amendment i140 application. Any response is highly appreciated.
The amendment is to correct the category from EB3 to EB2 as the initial labor supports an EB2 application.
Best regards and seasonal greeting.

fromnaija · #2 (**permalink**) 12-24-2011, 02:25 AM

Because you can file I-140 and I-485 concurrently, there is nothing stopping you filing your I-485 with the I-140 providing that your priority date is current. However, because your I-140 receipt is showing a blank priority date, you may need to add a cover letter (in a brightly colored paper) explaining the situation. Otherwise your application may be returned by the mail room.

jamhelmcor · #3 (**permalink**) 12-29-2011, 03:30 AM

Adjustment of Status to Permanent Resident Form I-485 Online

mayurcreation · #4 (**permalink**) 12-29-2011, 11:33 AM

Quote:

Originally Posted by vijays16

I have an approved i-140 in EB3 priority date 11/27/07 and a pending i-140 amendment in EB2 (Used the same labor from the previously approved I-140 in EB3). The receipt notice for the i140-amendment has a blank priority date.

Please advise if i can file for 485 on the basis of my amendment i140 application. Any response is highly appreciated.
The amendment is to correct the category from EB3 to EB2 as the initial labor supports an EB2 application.
Best regards and seasonal greeting.

You have two I140 approved copy (one with EB3 and second with EB2 with different priority date)?

vijays16 · #5 (**permalink**) 01-03-2012, 03:09 PM

EB2 i140 receipt has a blank priority date as it is an amendment to the already approved EB3 140.

altok · #6 (**permalink**) 03-25-2012, 04:54 PM

Hello Vijay,

I am in a similar situation. My 140 was amended for successor in interest. The priority date is blank. There is no reason to worry for that.

My paralegal is telling me that he will file 485 with old 140 approval instead of the new 140 receipt. If I do not send in my new I140 receipt how will USCIS know the link.

Could you please tell me what happened in your situation? Can you please share any information in this regard.

Thanks

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