Interfiling between Primary Derivative

[velagapu]

Here is my scenario:

I-485 filed for both primary and derivative based my EB3 priority date(Feb 2005)

Now derivative has a EB2 I-140 approved priority date May 2007

Noticed that the A# on I-140 for the derivative matches with A# on the I-485 for the derivative.

Does this mean that the case is already interfiled with the EB2 I-140 of derivative?

Do i need to make a request for interfiling with the spouse's I-140?

Experts please respond. Thanks

[Belle]

It may be already interfiled, but it would not hurt to call the USCIS and explicitly state how you want your case to be processed. What the new principal needs to do is to create a service request to switch eligibility from being derivative to being primary on his/her own I-140. Then, the former principal should create a similar request to switch from being primary to being derivative.

[velagapu]

Thanks Belle.

Which is the better option?

1)Send a interfile request thru mail

or

2) Making a service request call to the 1800 number.

[Belle]

I would definitely call the 1-800 number.

[velagapu]

Thanks for the reply. I hope it works.

[GCDreamz2010]

We are in the same boat. I am Primary and my husband was derivative for our EB3 case.

Now my husband Eb2 is current in October. His I-140 approval has his derivative A# as well. So what would be the based case to switch him to Primary on his Eb2 and myself as derivative?

Belle,

Please advise if we need to apply fresh I-485 sets or should we just call the 1-800 number?

Hi Velgapu,

Did you call 1-800 number and did it help? WHat is your current status?

Thanks in advance!

[GCDreamz2010]

Request you to respond to the above thread.

[indoamru]

Same boat ..pls let us know what u find out. My wife was primary eb3 nov 2006 and my 140 eb2 date aug 2007

[vmehrotra]

I am in the same boat. Anyone received GC?

[GCDreamz2010]

Ours was the same case...status changed to COO yesterday..:). Interfiling works!

[JKMF]

@GCDreamz2010 -

same boat as you - attorney made interfiling request by mail yesterday - how much time did it take for you from initial interfile request to GC approval. We are going to be current on Nov 1st.

Can also advise on what all steps you took in between.

Thanks,

[GCDreamz2010]

@JKMF

Our attorney said that the interfile mail should not be sent until you are Current.. our letter reached Oct 4 , and status changed to CPO on Oct 11 (literally took 4 business days).

However, we took other actions as well - called to raise SR, second time called to expedite SR and followed with email with the same verbiage from the interfile letter... Not sure which one did the trick.. :-)

[JKMF]

@GCDreams2010

Really appreciate your prompt reply..about sending the letter after being current - good info but I guess that boat has already sailed for us.

About the other actions - you took all of that action between Oct 4 and Oct 11 ? Just making sure I am clear..

I do plan to call the 1-800 number and open a SR after Nov 1st. Which service center was your case applied to? our was sent to TSC.

Thanks again for your reply and congratulations!!

[vmehrotra]

@GCDreams2010

Have you interfield for both you and your wife together or you menttioned your case and they automatically interfiled for your wife?

[GCDreamz2010]

@JKMF

Thanks !! and Not a problem, I understand the pain & anxiety....

Actually, we called to raise the SR on 9/15 , called again 9/26 (for expediting) before even we became current..

Then followed up with email (they need the SR # for email) to follow up on 10/5....It was TSC for us as well...

Since your interfile letter is already sent, you can wait till Nov 1st to raise the SR...

All the best!

[GCDreamz2010]

@vmehrotra

My husband raised the SR on his name.... But the interfile letter had both of our names... So had the follow up email.. hope this helps

[mandava921]

@JKMF

Our attorney said that the interfile mail should not be sent until you are Current.. our letter reached Oct 4 , and status changed to CPO on Oct 11 (literally took 4 business days).

However, we took other actions as well - called to raise SR, second time called to expedite SR and followed with email with the same verbiage from the interfile letter... Not sure which one did the trick.. :-)

Hello GCDreamz2010,

 

I am in the same situation as yours.

I have filed my 485 (EB3 PD Mar 2006) in Aug 2007. and My wife as derivative.

And my wife had an approved I-140 under EB-2 PD Sep 2007. That became current in Nov 2011 and

we failed our 485 again (me as derivative this time). Now we recieved 2 RFEs each . I guess thats because our A# are same on both 485 applications.

 

Could you please tell me what have you done exactly to interfile?

Please help me with the steps you did to get this done. Thanks in advance for the help and advise.

 

Also could you please tell me if you have filed two 485 s in your case. or just one and you did interfile with the latest i-140 on the existing 485 application. Please advise.

 

Thanks,

Mandava.

[mandava921]

Hello GCDreamz2010,

 

I am in the same situation as yours.

I have filed my 485 (EB3 PD Mar 2006) in Aug 2007. and My wife as derivative.

And my wife had an approved I-140 under EB-2 PD Sep 2007. That became current in Nov 2011 and

we failed our 485 again (me as derivative this time). Now we recieved 2 RFEs each . I guess thats because our A# are same on both 485 applications.

 

Could you please tell me what have you done exactly to interfile?

Please help me with the steps you did to get this done. Thanks in advance for the help and advise.

 

Also could you please tell me if you have filed two 485 s in your case. or just one and you did interfile with the latest i-140 on the existing 485 application. Please advise.

 

Thanks,

Mandava.

Hello Experts,

 

Could you please review my situation and give me your advise?

 

Thanks,

Mandava.