gopalat Posted July 31, 2013 Report Share Posted July 31, 2013 Hi I have a pending I 485 with my old Employer (A) (EB2). Meanwhile my new Employer applied for I 140 (EB2) which got approved. I was able to port the old priority date to New I-140. (1) Can I link the new I 140 (employer B) to my pending I 485 with Employer (A)? or (2) Can I file AC21? The job descriptions and SOC code for both positions are different. Please advice (2) Link to comment
Belle Posted July 31, 2013 Report Share Posted July 31, 2013 It's not either/or thing. You can do both, assuming I-485 has been pending over 180 days and the jobs are similar. Generally, you would not need AC21 in a case like that, but you are not prohibited to use it. Your I-485 is not "with employer A". It's your own. You can link it to any I-140 or I-130. Generally, the USCIS does it automatically. Link to comment
gopalat Posted August 2, 2013 Author Report Share Posted August 2, 2013 Thanks Belle If I want to Interfile should I wait for the Priority dates to be current (EB2 India) or can I do it any time. My PD is Aug 2008. . Link to comment
Belle Posted August 5, 2013 Report Share Posted August 5, 2013 Thanks Belle If I want to Interfile should I wait for the Priority dates to be current (EB2 India) or can I do it any time. My PD is Aug 2008. . Some lawyers say they should be, but I don't really see such need. It is possible, the USCIS has already linked your cases. Link to comment
gopalat Posted August 14, 2013 Author Report Share Posted August 14, 2013 Thanks Belle. I opened a SR to link new I 140 to pending I 485. Will the USCIS officer issue RFE if he/she see two I 140's (both EB2) linked to I 485. Should I open a request to only link new I 140 and delink the old one? Link to comment
Belle Posted August 15, 2013 Report Share Posted August 15, 2013 Thanks Belle. I opened a SR to link new I 140 to pending I 485. Will the USCIS officer issue RFE if he/she see two I 140's (both EB2) linked to I 485. Should I open a request to only link new I 140 and delink the old one? I don't know exactly how the software works but there is no problem under the law to have more than one I-140 associated with your case. Not a problem. Link to comment
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