| Q. |
Substitute/Transfer from EB3 to EB2 when I-485 pending
Hello Sir,
My labor was filed thru Company A in Sep 04 (EB3).I-140 was filed in June 07 and approved in Nov 07. I-485 was filed in Aug07.
While my labor application filed thru company A was pending, another company B filed for my labor thru PERM and EB2 category in June06. This was filed with the expectation that I will join them in the future.The I-140 was filed immediately and was approved.
I left company A in May 08 and am now working for company C (AC21).
What options do I have for speedy processing of I-485 so as to convert to EB2 category so as to take advantage of the faster movement of the EB2 when compared to EB3 and what are the steps I need to take. I am expecting the company B will accept my request since they cannot use it for any other person anyway.
User's Location:
Allentown, Pennsylvania, United States of America
Category:
Employment-based Green Card
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| A. |
Thank you for your question.
The procedure of using an I-140 petition with a more recent priority date is referred to as "interfiling." Essentially, it allows you to notify USCIS that you would like your I-485 adjustment of status application to be "connected" to your more recently filed and approved I-140 which also has a current priority date based on the visa bulletin.
You may wonder whether it would be better to file a second I-485 for your EB2 case. Based on USCIS liaison discussions, we encourage you not to have two I-485s pending because it may create complications or delays in your case. Instead, following the more simple interfiling procedure should avoid possible delays associated with two I-485s and is cheaper and faster.
If you would like us to help you with interfiling your I-485, please let me know.
Good luck and best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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