Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > All other Green Card Issues
Click to log in with Facebook
All other Green Card Issues I-140/I-485, Family Based Green Card

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 02-13-2008, 04:19 PM
Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Benin
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Dec 2005
Posts: 78
cr52401 is on a distinguished road
Default Inter-file form EB3 to EB2 with pending 485! please help

Dear Friend,
I filed 485 in June with eb3 . In December, I filed another I-140-EB2 with the same company. My attorney said she filed the second 140 with the request to upgrade my filed 485 from EB3 to EB2. Now with the new visa numbers my PD is current.
What will happen to my case? Do they hold my file until they approve 140 with EB2 and then process the file or they move with the EB3?
DO you think it is better to withdraw the second 140?

Please let me know if any one of you has experience in this case. I have been waiting 6 years for this day and now....

Thanks.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 02-13-2008, 05:39 PM
Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Dec 2007
Posts: 33
IVFOREVER will become famous soon enough IVFOREVER will become famous soon enough
Default

I think you need to wait till you have EB2 numbers available or else you need to with draw the inter filing before your I-140 assumes the eb3 priority date.The withdrawl my trigger RFE.That is my openion.Gurus correct me.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 02-14-2008, 10:34 AM
Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Benin
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Dec 2005
Posts: 78
cr52401 is on a distinguished road
Default What about the approved EB3?

Quote:
Originally Posted by IVFOREVER View Post
I think you need to wait till you have EB2 numbers available or else you need to with draw the inter filing before your I-140 assumes the eb3 priority date.The withdrawl my trigger RFE.That is my openion.Gurus correct me.
Thanks for your reply. Do you think even when my visa number is available, they still put the file on hold until they approve the second 140? The second EB2 filed in December in TCS. So I need to wait long time to get it approved!!
My company attorney really dont know a lot about this issue. I guess I need to speak with a good attorney.
I hope we can get some help from people here.

Thanks.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 02-14-2008, 10:49 AM
Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Dec 2007
Posts: 33
IVFOREVER will become famous soon enough IVFOREVER will become famous soon enough
Default

Tecnically you dont have any visa number available now.since you are transfering your priority date to eb2.until they make decission on your I-140 they will not process your 485.This is my opinion only.Talk to good lawyer take the second opnion onthis before you are out of time.never know what april 08 bulletin has in store for eb3.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
I-140 & I-485 is pending; can we withdraw that I-140 and file a new I-140? gotgc? All other Green Card Issues 18 01-09-2008 08:08 AM
Inter-filing of I-485? gc_wireless Retrogression, priority dates and Visa bulletins 5 07-24-2007 05:05 PM
Can I file 485 when H1 ext. is pending? anil All other Green Card Issues 19 06-15-2007 02:35 PM
File 485 even if 140 is pending avisjk Retrogression, priority dates and Visa bulletins 2 06-14-2007 12:29 PM
Inter-filing while going back - how to do? gc_wireless Retrogression, priority dates and Visa bulletins 0 05-25-2007 02:08 PM



All times are GMT -4. The time now is 09:08 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org