Apply I 1485 when denied I140 appeal in pending.

[chraju]

I have applied PERM in Nov2007 in EB2 and I 140 get denied then we appealed on Oct 2008 .

still no response so far, meanwhile I have applied another PERM in EB3 and I 140 also approved in 2009.

my question is:

if my first PERM PD is current Can I apply I 485( appeal still in pending status) and link to my new I 140( which is in EB3)?

Thanks.

[chraju]

Please some body reply

[redgreenbluee]

please consult a lawyer.

you can only port/retain PD of an approved I-140.

even if you can port your pending EB2 I-140 PD to your approved EB3 I-140, the question is if you use your EB2 11/2007 PD on your approved EB3 I-140, does that make your PD current? you cannot use EB3 I-140 to apply I-485 if the date is not current. you can however apply I-485 based on your pending EB2 I-140, but if for some reason your appeal is denied, your I-485 will most likely get denied as well.

in the end, (stated above) you can only port/retain approved I-140 PD.

I have applied PERM in Nov2007 in EB2 and I 140 get denied then we appealed on Oct 2008 .

still no response so far, meanwhile I have applied another PERM in EB3 and I 140 also approved in 2009.

my question is:

if my first PERM PD is current Can I apply I 485( appeal still in pending status) and link to my new I 140( which is in EB3)?

Thanks.