Interfiling

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding interfiling.        

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[VickyA]

Hi,

Thanks for sharing knowledgeable information every week. I have a question on interfiling:

if I have EB2 I-140 approved through employer ‘A’, but later filed I-485 through employer ‘B’ in EB3 category (I-140 in EB3 approved). Can I still do interfiling or do I need to file a new I-140 in EB2 with employer B and then try interfiling?

thanks in advance 

[abcd123pos]

Hi,

Some history about my situation - I had worked with employer A for around 6 years. My priority date is Oct 2014. I was in EB2 (India) and applied for downgrade to EB3 along with i485 during October 2020. I got my EB3  I-140 approved from employer A, waited for more than 180 days after i485 and then moved to company B. I applied for AC21 with the new employer also. Also, got my EAD/AP card for the I-485 that I applied along with EB3. 

Now, EB2 is  moving faster and my PD (Nov 2014) could become current anytime now. Below I have listed some of the questions that I have. Can you please provide your opinion or guidance - 

 
* Is there a way for me to move to EB2 while staying with Employer B by just interfiling or requesting for EB2 I-140 application porting from my previous employer? 
* Is initiating PERM all over again with company B the only way to move to EB2 for me? Or is there any other way? 
* If I want to talk to the old employer for interfiling, is it OK to contact the immigration team directly or should I go through my previous manager? 
* if I want to ask previous employer to interfile, should I move back to the old company or is there any alternate way we can do this. 
* Coincidentally, my old employer contacted me and asked if I am willing to join them back again. Is joining them back a good idea now from the point of GC ? 

In your perspective, what would be the best possible option available for me at this time to maximize my chance of getting GC faster ?

Greatly appreciate all the work you are doing in helping us with your knowledge. 

[Attorney_22]

On 5/26/2022 at 9:53 PM, VickyA said:

Hi,

Thanks for sharing knowledgeable information every week. I have a question on interfiling:

if I have EB2 I-140 approved through employer ‘A’, but later filed I-485 through employer ‘B’ in EB3 category (I-140 in EB3 approved). Can I still do interfiling or do I need to file a new I-140 in EB2 with employer B and then try interfiling?

thanks in advance 

An interfiling changes the basis (job offer) for AOS adjudication. Therefore, if you interfiled an I-140 from a prior employer into your pending AOS, you are stating to USCIS that you intend to work for that prior employer when you get your green card.   

[Attorney_22]

On 5/27/2022 at 8:48 PM, abcd123pos said:

Hi,

Some history about my situation - I had worked with employer A for around 6 years. My priority date is Oct 2014. I was in EB2 (India) and applied for downgrade to EB3 along with i485 during October 2020. I got my EB3  I-140 approved from employer A, waited for more than 180 days after i485 and then moved to company B. I applied for AC21 with the new employer also. Also, got my EAD/AP card for the I-485 that I applied along with EB3. 

Now, EB2 is  moving faster and my PD (Nov 2014) could become current anytime now. Below I have listed some of the questions that I have. Can you please provide your opinion or guidance - 

 
* Is there a way for me to move to EB2 while staying with Employer B by just interfiling or requesting for EB2 I-140 application porting from my previous employer? 
* Is initiating PERM all over again with company B the only way to move to EB2 for me? Or is there any other way? 
* If I want to talk to the old employer for interfiling, is it OK to contact the immigration team directly or should I go through my previous manager? 
* if I want to ask previous employer to interfile, should I move back to the old company or is there any alternate way we can do this. 
* Coincidentally, my old employer contacted me and asked if I am willing to join them back again. Is joining them back a good idea now from the point of GC ? 

In your perspective, what would be the best possible option available for me at this time to maximize my chance of getting GC faster ?

Greatly appreciate all the work you are doing in helping us with your knowledge. 

It appears you are looking for specific advice regarding your situation, therefore, it is advisable to call our office and speak with one of our attorneys directly.