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View Full Version : Eb3 to Eb2, Different A# on old I140 and I485, which to use on new I140


sixburgh
09-21-2012, 03:26 PM
Question for experts:
I have a previous approved Labor (750), approved I-140 (EB3) which has some A#, then I-485 receipt which has a different A#.

Priority date is Aug 15, 2004.

I had Bachelors, Masters and 5+ years of experience EVEN before joining my current company . So even though I qualified for EB2, my company had filed under EB3.

I have been using A# from 485 receipt all these years since Jul 2007, for all AP and EAD.

Now they are re-doing my I-140 under EB2.
I got an approved 9089, and they are soon going to file for I-140 using premium processing.

An A# needs to be mentioned in new I-140 application.
Which one should they be really using?
The old I-140 based, or the I485 based?

As you know that OCT 2012 visa bulletin, on OCT 1, the priority date for EB2 will become 1 Sep 2004. So I am hoping that previous pending I-485 should instantly get auto-approved, or by sending a letter after receipt of new I-140. And for all that I need to make sure that the correct A# is mentioned on the new I-140 application.

So the question is: Which A# one should they be really using? The old I-140 based, or the I485 based?

Quick replies appreciated!

Thanks!

continuedProgress
09-22-2012, 11:19 PM
Use one from I485

sixburgh
09-24-2012, 08:53 AM
Thanks for your reply.

It does make sense to use I485 based A# on all later paperwork with USCIS. After all thats the A# I used on all EAD and AP application forms since I received I-485.

Anyone else has a similar view point?

dextro_a
09-24-2012, 09:26 AM
I used it from old I-485 and I-140.

sixburgh
09-24-2012, 09:32 AM
I used it from old I-485 and I-140.

Did not understand this?
Did you mean you used 485 based a#?

sixburgh
09-26-2012, 03:06 PM
I-140 form has space to mention only 1 A#.
So I am not sure how you mentioned 2 A#s on the I-140

Anyways what I did was use the I-485 based A# on the new EB2 based I-140.
I also attached a paper where I have told USCIS that I have 2 A#s, 1 from previous I-140 and one from I485 receipt. I attached copies of old 140 and 485 too.

They should understand and consolidate. Lets see.
I will update this forum soon, if I hear something.

gk_2000
09-26-2012, 07:35 PM
If the idea is to port the PD to the new EB2, then I would reckon that the i-485 need not come into the picture, and the copy of the previous i-140 should do the trick. In fact there is anecdotal evidence in this very forum, of people getting the correct PD automatically. But if there is any doubt, simply use the copy of the old approved i140. JMO

sixburgh
10-05-2012, 01:38 PM
Just coming back here to update thread I created.

I used the A# from I-485 on the new I-140.
As I said earlier, a document was attached telling USCIS that I have 2 A#s.

Anyways, company applied in Premium, sent to Texas on 26th Sep, Received 27th, I-140 Approved today 10/5 (USCIS sent email which says that OLD priority date has been granted, also in "E21" category), Waiting for real notice to come in.

As of today itself EB2 is current for me. Wondering if I-485 will get approved immediately? No huh. I guess I will have to wait for receipt to come in, send it back to USCIS with a letter, so that they can attach it to pending EB3 based pending 485. And then hopefully that will get it going.