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Posted on 31 Mar 2009
Q.

I-140/I-485 Amendment/Interfile

LC requirement was Masters+2yrs Exp. and got approved in Oct 2006. Initial I-140(EB2)filed in May07 got denied in Apr'08 I-485(filed in Aug 2007) still pending. Later refiled I-140(EB2) and they returned it back after couple of months without considering as a re-file case saying that the underlying LC expired. Later we sent it again with explanation and they accepted ,but got receipt under EB3. Requested for new receipt under EB2 as the LC qualifies. But instead got approval under EB3 after couple of months. 485 status still says pending.
1. What is the process forconverting/amendment approved I-140 under EB3 to EB2 ?
2. How can this approved I-140 get tied to the pending I-485 ? or will it be automatically linked(same service center) ?
3. Can I apply for EAD and AP at this situation ?

User's Location: Edison, New Jersey, United States of America
Category: Employment-based Green Card
Posted on 01 Apr 2009
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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