Interfile I-485 incase of EB3 to EB2 porting


Dattguru

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Are the following items necessary , while one is waiting for I-485 approval , under a EB3 to EB2 porting scenario :-

1. Interfile I-485 request

2. Opening a SR request

My EB2 I-140 got approved on 24th October 2011. The A# & Priroity date got ported successfully to the new EB2 I-140 .

My lawyer says there is no need to file I-485 under EB2 category , as i have already filed one in July 2007 under EB3 category. According to him, the EB3 I-485 should get automatically approved without doing anything.

1 . Are we heading in the right direction as per my lawyer ?

2. How long should i wait before i can convince my lawyer that this not going to work as per his suggestion ?

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