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  #736  
Old 06-11-2012, 11:37 AM
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Priority Date
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Default New 485 needed?

My PD date is EB3 Feb 2003 and recently filed for EB2 in May 2012. My 485 was filed in July 2007 but i got married afterwards and my wife's 485 has not been filed yet. From what i understand, after my PERM and I-140 is approved, I can request for interfiling. But when should i file for my wife's 485...or do we need to both file 485's again. I appreciate anyone's advise in this situation. Thanks!
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  #737  
Old 06-11-2012, 12:00 PM
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Quote:
Originally Posted by RaOne2011 View Post
My PD date is EB3 Feb 2003 and recently filed for EB2 in May 2012. My 485 was filed in July 2007 but i got married afterwards and my wife's 485 has not been filed yet. From what i understand, after my PERM and I-140 is approved, I can request for interfiling. But when should i file for my wife's 485...or do we need to both file 485's again. I appreciate anyone's advise in this situation. Thanks!
As per my understanding, once you interfile and I-140 gets approved with with the old PD you need to file your 485(both you and your wife). Experts can correct me if I am wrong. Wish you good luck.
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  #738  
Old 06-20-2012, 11:32 AM
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Default Interfiling while PD is unavailable

Is it possible to interfile while the PD dates for EB-2 are listed as unavailable? As per the memo issued by TSC on APR 22nd 2010 (AILA InfoNet Doc 10050464) interfiling request can be submitted if the PD is current.

Has anyone submitted the interfiling request recently? Does CIS respond even if the dates are not current? Once the dates are current, how long is it taking to get the interfiling approved? Looks like some cases are taking only few weeks, whereas some are waiting for 6++ months. Your kind feedback is appreciated as we are considering the options to go with interfile/submit a new 485 (and withdarw old one).

Thanks
Project_A
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  #739  
Old 06-22-2012, 01:05 PM
RRG RRG is offline
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Default Pros and cons of Interfiling 485 compared to NEW 485

Hi,

Currently I have an 2006 priority date I140 EB3 with a I485 filed in July 2007.
This month I got I140 under EB2 (Perm was in this year).

My lawyer suggested a NEW I485 (and my company pays for it).
What are Pros and cons of Interfiling to old 485 compared to a NEW 485?
Any advice/ information is very much appreciated.

Thanks.
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  #740  
Old 06-22-2012, 01:25 PM
Senior Member
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Default

@RRG: If you are able to retain your old PD its easier to file for a New I-485. You can also Interfile to Old I-485 but based on my experience very strenuous & time consuming (It involves lot of calls to CIS, Senator's Office & Attorneys Office apart from faxing/fedex documentation to the CIS).

Please take a second & third opinion from reputed immigration attorneys in this matter before proceeding further. Good Luck!
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  #741  
Old 07-10-2012, 01:04 PM
Member
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Default

We received confirmation from CIS on our request to interfile. Hope that it is good news. Do we need to wait until the dates become current or do we need to take any additional steps? Also, our passports have expired since our last submission of 485, and we have new passports now. Do we need to send a copy of the new passports or not required until they ask us? Since the PD may become unavailable within 6-8 months from OCT, we are wondering if we should proactively send additional information. Has anyone run into this situation?

Thanks
Project_A
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  #742  
Old 07-10-2012, 01:11 PM
Senior Member
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May-04
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:
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@Project_A: I would definitely suggest sending your new passports with a cover letter through your attorney. Do not forget to mention your A# in your letter. If you dont send it now it will generate a RFE and causing much more delay.

I see that EB3 has a PD of Apr 04 what is the PD for EB2?
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  #743  
Old 07-10-2012, 01:15 PM
Member
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Nov-07
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Default

Quote:
Originally Posted by Project_A View Post
We received confirmation from CIS on our request to interfile. Hope that it is good news. Do we need to wait until the dates become current or do we need to take any additional steps? Also, our passports have expired since our last submission of 485, and we have new passports now. Do we need to send a copy of the new passports or not required until they ask us? Since the PD may become unavailable within 6-8 months from OCT, we are wondering if we should proactively send additional information. Has anyone run into this situation?

Thanks
Project_A
Project_A,

Here is my case...
EB3 - I140 - Nov/2007
EB2 - I140 - July/2009
I485 - Filed on Dec/2011 (with lawyer covering letter requesting to convert/interfile/port with EB3 priority date to EB2 category). I have not filed I140 Addendum.

On first week of July/2012, my EB2 company lawyer received new I140 with priority of Nov/2007 and category of EB2. My company never requested this (updated) new I140. I think somebody is working on my I485 case at USCIS and have send (updated) new I140 to my company lawyer.


Did you send interfile request or your lawyer?
Have you send interfile request by email or post?
Can you share same interfile request you have used in your case?

Thanks in Advance!!
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  #744  
Old 07-10-2012, 04:04 PM
Member
Priority Date
:
Apr-04
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I140 Mailed Date
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Default

My attorneys have submitted interfile request via email and received the response from CIS confirming the linking of 485 and 140. Both 140 and 485 are at the same service center. Also the new 140 already had the old priority date. I have not directly contacted the CIS, however with the 6-8 month window of opportunity (from OCT), I was wondering if I should submit other evidence. Looks like so many are suffering with the interfile process and the delays involved in getting approval of older cases.

Quote:
Originally Posted by mayurcreation View Post
Project_A,

Here is my case...
EB3 - I140 - Nov/2007
EB2 - I140 - July/2009
I485 - Filed on Dec/2011 (with lawyer covering letter requesting to convert/interfile/port with EB3 priority date to EB2 category). I have not filed I140 Addendum.

On first week of July/2012, my EB2 company lawyer received new I140 with priority of Nov/2007 and category of EB2. My company never requested this (updated) new I140. I think somebody is working on my I485 case at USCIS and have send (updated) new I140 to my company lawyer.


Did you send interfile request or your lawyer?
Have you send interfile request by email or post?
Can you share same interfile request you have used in your case?

Thanks in Advance!!
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  #745  
Old 07-11-2012, 08:22 AM
Member
Priority Date
:
Apr-04
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:
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I140 Mailed Date
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:
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:
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I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 51
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Default

My EB2 140 also has the old PD as well as the correct A#, not sure if that is enough. I have been reading your earlier posts and appreciate your feedback and participation even after getting greened. I will try to send the new PPís . I would think many applicants may have run into similar issue with the expiration of the previously submitted passports, especially those with old priority dates.

Quote:
Originally Posted by rayoflight View Post
@Project_A: I would definitely suggest sending your new passports with a cover letter through your attorney. Do not forget to mention your A# in your letter. If you dont send it now it will generate a RFE and causing much more delay.

I see that EB3 has a PD of Apr 04 what is the PD for EB2?
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  #746  
Old 07-14-2012, 08:17 AM
Member
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Sep-03
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03/18/2003
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:
07/21/2007
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Default

Is there need to send Passport copy? My lawyer send a interfile request without any passport copies. I am not sure how our passport information is relevant to USCIS to process the 485 request. I do not have a recollection of sending my passport copies when I had filed my 485 case in Julu 2007. Can you shed some light on this.
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  #747  
Old 07-20-2012, 09:46 AM
Member
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Default

Sorry for the delay in responding. Even my attorneys havenít sent copies of the latest passports at the time of submitting a request for the interfile. However, I remember submitting passport copies with our original I-485 applied in July 2007. I heard that an RFE could be issued for new copies of the passports, but havenít seen anyone reporting such issues.

Quote:
Originally Posted by Tshelar View Post
Is there need to send Passport copy? My lawyer send a interfile request without any passport copies. I am not sure how our passport information is relevant to USCIS to process the 485 request. I do not have a recollection of sending my passport copies when I had filed my 485 case in Julu 2007. Can you shed some light on this.
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  #748  
Old 07-20-2012, 10:37 AM
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USCIS will definitely issue an RFE if your passports have expired unless they overlook it and issue the GC. Better to be safe than to be sorry and save lot of time in the long run.
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Called Senators and Congressmen/women to support the Murray Amendment and HR Bills

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Proud Member & Leader of IV-MD-DC-VA Chapter
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SUPPORT RECURRING CONTRIBUTIONS

Disclaimer: Please consult an experienced attorney for the best consultation in your matters as my knowledge is hearsay or book read & am not a licensed attorney.

Last edited by rayoflight; 07-20-2012 at 10:37 AM. Reason: Edit
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  #749  
Old 07-20-2012, 11:22 AM
Member
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Sep-03
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Default Reply from NSC

Quote:
Originally Posted by Project_A View Post
Sorry for the delay in responding. Even my attorneys havenít sent copies of the latest passports at the time of submitting a request for the interfile. However, I remember submitting passport copies with our original I-485 applied in July 2007. I heard that an RFE could be issued for new copies of the passports, but havenít seen anyone reporting such issues.
This is the reply I got from NSC yesterday. So I am guessing they know my nationality
"
Greetings,
All petitions and applications must be connected to your Alien file before adjudication of your I-485 can begin. This process has been completed. USCIS records indicate your applications are pending the availability of an employment based Visa. You are 2nd preference from India with a priority date of September 30, 2003. Currently there are no Visas available for this preference. Your applications will be processed when a Visa based on your classification becomes available. You are invited to visit the Department of State website, Welcome to Travel.State.Gov, where you can view a current bulletin regarding Employment Based Visas.

Sincere Regards,
USCIS Nebraska Service Center
EX0547
"
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  #750  
Old 07-20-2012, 12:54 PM
Member
Priority Date
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Default

TShelar,
I received a similar reply. However, they probably do not touch our files until our PDs are current in OCT and it means we will only have approximately 6 months to try our luck before the dates retrogress again.

Rayoflight,
Thank you again for your prompt reply and clarification. I am planning to send attested copies of the new passports. Have you/your friends received RFE for not sending new passports? How about FPs? It has been almost 6+ years we submitted our FPs.
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