HataashDesi Posted January 24, 2013 Report Share Posted January 24, 2013 Gurus, i want to know if a second interfiling letter can be sent to the USCIS when the date is not current? The facts are; EB3 I-485 pending since July 2007., Priority Date is March 15, 2005 joined company B on EAD since 2009 Company B filed Labour for EB2 position - got approved. EB2 I-140 approved on July 18, 2012, Interfiling letter from Company B sent to USCIS on August 15.( even though the P.D was NOT current) Now the employment situation with Company B is very very uncertain and either i may be asked to go out(resign) or terminated within the next 15- 20 days.... they may or may not revoke the I140. I have contacted Company C and they are willing to give the EVL and are ready to send the second interfiling letter anytime. Since i have already crossed the 180 days( taken the original I485 filing), can i send the second interfiling letter to USCIS and quote AC21 provisions. Would the I-485 processing get in jeopardy. I have waited for 8 years for GC and would not want to jeopardise those chances whats the best solution? Pls Help!!! Link to comment
Belle Posted January 25, 2013 Report Share Posted January 25, 2013 Filing AC21 is fine. You can do it. Link to comment
HataashDesi Posted January 25, 2013 Author Report Share Posted January 25, 2013 Thanks Belle for your reply. just a rider- when the I-485 comes up for processing( God knows when!) does USCIS consider the first interfiling letter or the second interfiling letter for "confirming" the interfiling and then consider the AC21 or they would not even look at Company B's letter( first letter)? i beleive first USCIS has to agree to interfiling and then they have to consider AC21 of that interfiling- Am i thinking right? why i am curious is Company B is a very big company while Company C is a small company- although Company C can easily meet the salary requirements for the position ( Chief Executive/CFO) Link to comment
Belle Posted January 28, 2013 Report Share Posted January 28, 2013 First, it's not intefiling. It's AC21, which is not interfiling. Second, if they find several AC21 letters (or even one) they will probably issue an RFE for you to update your petition with the most recent one. Link to comment
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