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udayak
08-27-2007, 06:15 PM
Given the current circumstances, it will take years for I-485 to be
process for 02-july filers.

One of the provisions of AC-21 is that the job is in same or similar
occupation. If a person changes his functional role(Ex: IT->marketing,
IT->Non-IT, IT->Sales etc.), how is AC-21 protoability applied ?

So, in this case, can a new labor/I-140 be applied for the NEW
position ? Can this I-140 be used to replace the existing I-140
with USCIS ? Can I-485 continue in this case ?

Thanks

STAmisha
08-27-2007, 06:47 PM
It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).

I'm not a legal person, please verify from an attorney

waitnwatch
08-27-2007, 07:03 PM
It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).

I'm not a legal person, please verify from an attorney

Where did you find this on Murthy. I ask this because I have a similar but slightly different situation where I have an EB-1 140 pending and I concurrently filed an EB-2 NIW. If the EB-1 140 comes through by chance I would like the already filed I-485 to be attached to the EB-1 at that point.

I have been looking for an answer to this question but haven't found a satisfactory answer anywhere.

STAmisha
08-27-2007, 07:17 PM
I had paid consulatation with their office and the attorney told me that