c******n
发帖数: 22 | 1 Hello friends -
A question comes up during submitting my i485.
Here's some background:
I was originally on PERM-eb2, and submitted my eb3 downgrade i140 on 5/2.
My PD was current when I started the downgrade but didn't concurrent file
i485 because I was waiting for other supporting docs on i485.
Then question comes:
My attorney has received receipt notice on the i140 downgrade. And I gave
him the go ahead on PP for the downgrade i140.
I'm looking to send out AOS package(i485/i131/i765) immediately.
But my attorney warned me that there's a possiblity that my i485 can arrive
before the approval of downgrade i140.
Then USCIS can reject the i485 due to my eb2 is not current. So my attorney
suggested me to wait for the 15 calendar days for downgrade i140 approval.
Due to family reasons, I'm looking to get EAD for my wife ASAP.
So the question is, are there any ways to prevent the situation that my
attorney warned me about? And if yes, how is it done?
Anyone with similar experience or has the knowledge on the situation please
chime in.
Any help is much appreciated ! Wish all the friends on the GC road all the
best. | c******n
发帖数: 22 | 2 bump for help. Thanks in advance :) | a*****a
发帖数: 1385 | 3 485材料里面，附上一张纸，说明你的485是基于一个pending eb3 140 application，
附上一切该140的信息，比如case number，
指出你的eb2 PD在eb3 category下是c的。
指出你已经file le pp for that eb3 140,列出该pp的信息，比如date submitted等(
if applicable)
【在 c******n 的大作中提到】
: Hello friends -
: A question comes up during submitting my i485.
: Here's some background:
: I was originally on PERM-eb2, and submitted my eb3 downgrade i140 on 5/2.
: My PD was current when I started the downgrade but didn't concurrent file
: i485 because I was waiting for other supporting docs on i485.
: Then question comes:
: My attorney has received receipt notice on the i140 downgrade. And I gave
: him the go ahead on PP for the downgrade i140.
: I'm looking to send out AOS package(i485/i131/i765) immediately.
| c******n
发帖数: 22 | 4 Thanks Aleisia for taking time to answer my question. I've asked my attorney
to include a cover letter with the pending eb3 140 information.
I read about this Q/A from another experienced attorney which scares me:
"Can I use concurrent filing if I have filed more than one I-140 petition?
Yes. If one of your I-140 petitions is approved, the USCIS will then
adjudicate your I-485 application based on the approved I-140. This is one
of those areas in which you want to make sure you get good advice about your
options. For example, if you are from China, India, or Philippines and your
employer files an I-140 petition under EB-3 based on an approved EB-3 labor
certification, you will have to may have to wait for an EB-3 immigrant visa
to become available. In such a circumstance, if you also have an I-140
filed under a first-preference (EB-1) category, such as Aliens of
Extraordinary Ability (EB-1A), Outstanding Professors or Researchers, or
Multinational Executives or Managers, or under a second-preference (EB-2)
category, such as a National Interest Waiver (NIW), you may be able to get
your green card several months to several years earlier, depending on how
far the EB-3 category retrogresses."
From the above clause, if USCIS mandate adjudicate i485 on approved i140, it
appears to me they have enough reason to reject the AOS case even though
they are aware of the pending i140?
【在 a*****a 的大作中提到】
: 485材料里面，附上一张纸，说明你的485是基于一个pending eb3 140 application，
: 附上一切该140的信息，比如case number，
: 指出你的eb2 PD在eb3 category下是c的。
: 指出你已经file le pp for that eb3 140,列出该pp的信息，比如date submitted等(
: if applicable)
| l*******n
发帖数: 8388 | 5 听aleisia 的。 你的律师说的很正常啊，有什么好怕的。
3类现在C，你赶紧交表。以后不C， 当然不会批你的485了。 | c******n
发帖数: 22 | 6 Thanks Eliza ! Let me buzz my attorney a bit more then :)
【在 l*******n 的大作中提到】
: 听aleisia 的。 你的律师说的很正常啊，有什么好怕的。
: 3类现在C，你赶紧交表。以后不C， 当然不会批你的485了。
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