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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #196 (permalink)  
Old 07-12-2010, 05:34 PM
Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2010
Posts: 33
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Smile Two 485's and not linked

my 485 was filed during Aug 2007 , i had EAD as well that i never used.(EB3)
i joined another firm and started off fresh using old PD, and EB2, which got ported

I had 2 RFE on my prior 485 FOR medicals and EVL. that i answered ( company didnt had issues as long as i was paying for it)

now How do i get my prior 485 to be merged, since its not an easy case, my new firm isnt willing to do so, can i raise SR/IO and try it? is it worth it
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  #197 (permalink)  
Old 07-13-2010, 09:39 AM
Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Apr 2010
Posts: 75
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Default

Quote:
Originally Posted by gimmeacard View Post
my 485 was filed during Aug 2007 , i had EAD as well that i never used.(EB3)
i joined another firm and started off fresh using old PD, and EB2, which got ported

I had 2 RFE on my prior 485 FOR medicals and EVL. that i answered ( company didnt had issues as long as i was paying for it)

now How do i get my prior 485 to be merged, since its not an easy case, my new firm isnt willing to do so, can i raise SR/IO and try it? is it worth it
Have you asked your lawyer? Check with your lawyer first as you say it is a little complicated. You don't want to mess up this late in the process.....
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  #198 (permalink)  
Old 06-24-2011, 04:57 PM
Senior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
03/28/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Apr 2007
Posts: 1,087
abhijitp has a reputation beyond repute abhijitp has a reputation beyond repute abhijitp has a reputation beyond repute abhijitp has a reputation beyond repute abhijitp has a reputation beyond repute abhijitp has a reputation beyond repute abhijitp has a reputation beyond repute abhijitp has a reputation beyond repute abhijitp has a reputation beyond repute abhijitp has a reputation beyond repute abhijitp has a reputation beyond repute
Default The tale of two I-485 applications

1. July 2, 2007: First I-485 application filed at TSC
2. Realized that Employment Verification Letter was not included, filed another I-485 with the EVL in August 2007, this was filed at NSC
3. Received RFE (medical) on first I-485 in late 2007
4. No RFE ever received on second I-485
5. EAD's and AP's obtained with reference to my first I-485
6. Ac21 invoked, letter sent to TSC and NSC referencing first I-485
7. Sent another letter requesting USCIS to merge the two I-485 applications, recommending them to process first I-485 (which had AC21 letters sent for it). New G-28 filed referencing the first I-485 (but not the second I-485 as there was a letter requesting the two to merge)
8. When I became current, USCIS first approved the second I-485, sent notice to my previous employer's attorney (i.e. the G-28 did not change appointed attorney to my new attorney, probably because G-28 mentioned only the first I-485)
9. USCIS denied the first I-485, sent notice to my new attorney!
10. Green card received, and references the A# as associated with the second I-485

Conclusions:
1) Sending in two I-485 applications proved to be a safe move (although several attorneys except one prominent attorney had warned me against sending in two applications)
2) Sending a G-28 form for one of the two I-485 applications does not change the appointed attorney on all I-485 applications, even if you send a letter requesting so!
__________________
Not legal advice!
Proud member of North California state chapter.
1) $300 between June 07- July 07, $50 monthly between Aug 2007 - June 2010
2) Flowers campaign, SJ rally, Youtube Video Campaign, Attended DC Rally & co-ordinated Airfare Sponsorships, Gathered and mailed over 300 letters in Admin Fix campaign
PD: Aug 2006. I-485: July, August 2007 @ TSC. I-485 approved on June 15, 2011
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