JKMF Posted October 6, 2011 Report Share Posted October 6, 2011 Can someone clarify - is this still true ? Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent ©MurthyDotCom Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based. ©MurthyDotCom In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval. Regards, JKMF Link to comment
acpnmt Posted January 25, 2012 Report Share Posted January 25, 2012 Did you get any response? Any Feedback appreciated. Thanks Ash Link to comment
Belle Posted January 25, 2012 Report Share Posted January 25, 2012 No. This is outdated. Link to comment
indoamru Posted January 25, 2012 Report Share Posted January 25, 2012 i have read about this for last year.. and i remember in the same site, a discussion about more than one person able to do this. In some cses, the USCIS sent a letter askign what 140 to use . As you know JKMF, i have this situation and have been discussing in another thread. my attorney also suggests to interfile and he says he has seen success in a similar situation recently. Link to comment
indoamru Posted January 25, 2012 Report Share Posted January 25, 2012 will a Infopass help to clear this up ? Link to comment
acpnmt Posted January 26, 2012 Report Share Posted January 26, 2012 Belle advised in another thread to open Service request for interfile. I'm in same condition and have initiated SR today. Thanks Belle for timely help. Link to comment
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