PDA

View Full Version : I-140 denied in EB2 485 OPen


joshibuwa
08-06-2010, 11:08 PM
I have probably a strange case .In 2007 when all the dates were current my employer filed I-140 & I485 at the same time in EB2 . I have received AP and EAD both according to standard procedure.I have maintained my H1B status. Then after a month or so I have received I-140 rejection due to different job requirement and I am overqualified for the job so my attorney interfiled new I-140 under EB3 without worrying about I 485 thinking since I 140 is denied it should nullify I485 under EB2 . In the mean time USCIS sent me a new I-485 receipt # . I got my I 140 approved in another six months under EB3 and now I have two I 485 receipt numbers as well as two A numbers. Both of the receipts when I checked the status show that it is under initial review. Shall I call USCIS and get rid of the initial I485 which is under EBII . Anyone had this kind of experience??

austingc
08-07-2010, 01:01 PM
I have probably a strange case .In 2007 when all the dates were current my employer filed I-140 & I485 at the same time in EB2 . I have received AP and EAD both according to standard procedure.I have maintained my H1B status. Then after a month or so I have received I-140 rejection due to different job requirement and I am overqualified for the job so my attorney interfiled new I-140 under EB3 without worrying about I 485 thinking since I 140 is denied it should nullify I485 under EB2 . In the mean time USCIS sent me a new I-485 receipt # . I got my I 140 approved in another six months under EB3 and now I have two I 485 receipt numbers as well as two A numbers. Both of the receipts when I checked the status show that it is under initial review. Shall I call USCIS and get rid of the initial I485 which is under EBII . Anyone had this kind of experience??
Joshibuwa,

I don't think you want to hear our openion to take action in your sitution. Talk to a good and reputable attorney to handle this case.