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View Full Version : Eb3 to Eb2, is fresh 485 required again?


sixburgh
08-30-2012, 04:42 PM
My case is pretty simple.

I had 5 years of experience before joining my employer.
But for some reason Employer applied using EB3.
EB3 based Priority date is Aug 2004.
In July 2007, Applied for I-485 and me and wife have been using EAD/AP since then.
Employer is now okay to re-do my case in EB2.
Since I qualified for EB2 already BEFORE I joined the current employer, I am eligible for EB2.
So they filed Labor, which got cleared recently.
Now they are going to do EB2 based I-140 in premium processing.
Hope I get it soon.
If EB2 Dates become current in Oct 2012, It will benefit me.

Question:
- Do I have to apply for I-485 again (I will have to spend twice, me and wife and i guess I will have to do medical tests too).
- Or do they automatically add new 140 papers to the previous pending 485 case, and then they will give GC as soon as VISAs are available?
- Or do I have to send them some letter personally after new 140 approval is received, to add my 140 to existing 485?

I am not sure which is the right process?
What exactly amongst the above is called Interfiling?
Which would be the fastest?
What would be the pros and cons in each of these cases?

Opinions of experts will be very much appreciated.

Thanks

hisuri23
08-31-2012, 09:10 AM
All you need to do is send a letter to USCIS to approve your pending I-485 cases with the new approved EB2 I-140. This is called interfiling letter. After sending Interfiling letter, Please make sure you follow up with USCIS regularly until you get GC approval if the VISA numbers are available.

sixburgh
08-31-2012, 09:35 AM
I have heard/read that this goes into a black hole and that we end up spending a lot of time creating service requests and calling senators etc. I have heard/read that someone did get it in 3 months (after forcing them through senators), while others are still waiting....

Basically I am worried that this Interfiling might take time.

Wondering if it would it be better to just apply for a new I-485 to get their complete attention?

beautifulMind
09-01-2012, 11:28 AM
I highly recommend interfiling! If you file a new one you will have to to everything again and also lose out on of your application being pre approved. USCIS has streamlined the interfiling process. email, mail, phone call will help expedite the process. I got my 485 approved in 2 weeks one dates were current

sixburgh
09-01-2012, 05:29 PM
I highly recommend interfiling! If you file a new one you will have to to everything again and also lose out on of your application being pre approved. USCIS has streamlined the interfiling process. email, mail, phone call will help expedite the process. I got my 485 approved in 2 weeks one dates were current

I assume you too did Eb3 to eb2 conversion.
When you say I-485 was approved, does that mean you have received the PR card too?
Because your profile still shows that you are still in I-485 stage.
I am bad at understanding this process, so excuse my innocence/dumbness or my repeated questions.

dextro_a
09-04-2012, 09:40 AM
I did not had to file the request. My 485 automatically got approved a day after my 140 approval. I think having the same alien number on all the applications triggered the approval.

Regardless, do not refile I-485.

sparky_jones
09-04-2012, 11:26 AM
Do not refile I-485. Interfiling might require some level of follow-up (depending on your luck), but it will any day be better than fling fresh I-485.