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  #1 (permalink)  
Old 03-21-2012, 02:54 PM
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Default Should i file I-485 again

Hi friends,

My green card process is already in EB3 category with I-485 pending for almost 4 years.

I am trying to port from Eb3 to Eb2 through different company.The Eb2 filing company lawyer says, i need to file I-485 again, after I-140 priority date is ported and becomes current.
Is this true?Do I have to file one more I-485 during eb2 process.

Please help or share your experience.
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  #2 (permalink)  
Old 03-21-2012, 03:11 PM
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Default Find a new Lawyer

Quote:
Originally Posted by cantonsale10@gmail.com View Post
Hi friends,

My green card process is already in EB3 category with I-485 pending for almost 4 years.

I am trying to port from Eb3 to Eb2 through different company.The Eb2 filing company lawyer says, i need to file I-485 again, after I-140 priority date is ported and becomes current.
Is this true?Do I have to file one more I-485 during eb2 process.

Please help or share your experience.
Pls. help your self by finding more informed lawyer. You don't need a new I485 application as long as you current one is still active. Usually a lawyer would send a letter formally asking USCIS to consider the old I485 and newly approved I140 with old PD.
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  #3 (permalink)  
Old 03-21-2012, 04:37 PM
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Default

Quote:
Originally Posted by vbkris77 View Post
Pls. help your self by finding more informed lawyer. You don't need a new I485 application as long as you current one is still active. Usually a lawyer would send a letter formally asking USCIS to consider the old I485 and newly approved I140 with old PD.
Thanks for the info...I was under the impression, you will have to file a new I-485 with the newly approved I-140 and ask them to inter link the PD from the old I-140.
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filing without current PD
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  #4 (permalink)  
Old 03-21-2012, 04:42 PM
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Default

Quote:
Originally Posted by vbkris77 View Post
Pls. help your self by finding more informed lawyer. You don't need a new I485 application as long as you current one is still active. Usually a lawyer would send a letter formally asking USCIS to consider the old I485 and newly approved I140 with old PD.
That is true. However, the corporate lawyers advice to file a new 485 and claim to say it is smoother and quicker. I later found that they get paid on a service basis and if we skip filing a new 485 they wonít get paid for that service.
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  #5 (permalink)  
Old 03-21-2012, 09:13 PM
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Default

Quote:
Originally Posted by Project_A View Post
That is true. However, the corporate lawyers advice to file a new 485 and claim to say it is smoother and quicker. I later found that they get paid on a service basis and if we skip filing a new 485 they wonít get paid for that service.
You could actually end up in trouble with multiple I-485 apps in some cases. USCIS clearly does not recommend filing multiple 485s even in the most complicated cases.
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  #6 (permalink)  
Old 03-23-2012, 12:10 PM
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Default

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Originally Posted by fide_champ View Post
You could actually end up in trouble with multiple I-485 apps in some cases. USCIS clearly does not recommend filing multiple 485s even in the most complicated cases.
Correct. Our attorneys suggest withdrawing the existing 485 and submit a new one.
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  #7 (permalink)  
Old 03-26-2012, 01:14 PM
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Default

Usually its NOT suggestable to file multiple 485's.

But these days.. Porting cases are taking many a months... There is NO set procedure..
If you are lucky 3-6 mnths..otherwise you are at mercy of USCIS.

For one of my friends withdrawing old EB3 I-140's and applying new EB2 I-140's got the GC very quickly in 2 mnths time..

If your company is paying for all this, you can try this path.
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  #8 (permalink)  
Old 03-28-2012, 03:46 AM
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Default No Need

No need to file a new I-485. Send an interfile letter to USCIS once your EB2 I-140 is approved and your PD is current as per EB2 category.
You may have to open several service requests to get approved. At least that is what I did.
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  #9 (permalink)  
Old 03-29-2012, 07:41 AM
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Default I think No need

I am in the Same boat. Filed I-485 under eb3 in 2007 July and in Aug 2011 I got my I-140 approved under Eb2. Lawyer submitted the interfiling request on Oct 1st 2011 as my priorty date is Nov 2005 and still waiting for a decision from USCIS. Created couple of service requests, Contacted Ombudsman office & Congress man office. All are very co-operative and helping but yet to hea from USCIS. Even my attoryney suggested of filing a new I-485, but we dropped that Idea as we found our I-485 is pre-adjudicated and do not want to go through all the pain of refiling. Latest update from USCIS for my last SR is "You application need additional review and please wait for 6 months" and my attorney suggested nothing to worry about it as it is a generic reply from them. So just waiting for the mercy of USCIS .
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  #10 (permalink)  
Old 03-29-2012, 07:53 AM
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Default

My attorneys are acting as if they havenít heard about the interfiling.

How did you find out yours was pre-adjudicated?

Quote:
Originally Posted by jaithran View Post
I am in the Same boat. Filed I-485 under eb3 in 2007 July and in Aug 2011 I got my I-140 approved under Eb2. Lawyer submitted the interfiling request on Oct 1st 2011 as my priorty date is Nov 2005 and still waiting for a decision from USCIS. Created couple of service requests, Contacted Ombudsman office & Congress man office. All are very co-operative and helping but yet to hea from USCIS. Even my attoryney suggested of filing a new I-485, but we dropped that Idea as we found our I-485 is pre-adjudicated and do not want to go through all the pain of refiling. Latest update from USCIS for my last SR is "You application need additional review and please wait for 6 months" and my attorney suggested nothing to worry about it as it is a generic reply from them. So just waiting for the mercy of USCIS .
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  #11 (permalink)  
Old 03-30-2012, 09:26 AM
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Default Spoke to a Level II officer.

Spoke to a level II officer and he was nice enough to tell me that my I-485 is pre-adjudicated.

Quote:
Originally Posted by Project_A View Post
My attorneys are acting as if they havenít heard about the interfiling.

How did you find out yours was pre-adjudicated?
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