AC21

[gopalat]

Hi

 

I have a pending I 485 with my old Employer (A) (EB2). Meanwhile my new Employer applied for I 140  (EB2) which got approved. I was able to port the old priority date to New I-140.

 

 

(1) Can I link the new I 140 (employer B) to my pending I 485 with Employer (A)?

 

or

 

(2) Can I file AC21?

 

The job descriptions and SOC code for both positions are different.

 

Please advice

 

 

 

(2)

[Belle]

It's not either/or thing. You can do both, assuming I-485 has been pending over 180 days and the jobs are similar. Generally, you would not need AC21 in a case like that, but you are not prohibited to use it.

 

Your I-485 is not "with employer A". It's your own. You can link it to any I-140 or I-130. Generally, the USCIS does it automatically.

[gopalat]

Thanks Belle

 

If I want to Interfile should I wait for the Priority dates to be current (EB2 India) or can I do it any time.

 

My PD is Aug 2008.

 

.

[Belle]

Thanks Belle

 

If I want to Interfile should I wait for the Priority dates to be current (EB2 India) or can I do it any time.

 

My PD is Aug 2008.

 

.

Some lawyers say they should be, but I don't really see such need. It is possible, the USCIS has already linked your cases.

[gopalat]

Thanks Belle. I opened a SR to link new I 140 to pending I 485.

Will the USCIS officer issue RFE if he/she see two  I 140's (both EB2) linked to I 485. Should I open a request to only link new I 140 and delink  the old one?

[Belle]

Thanks Belle. I opened a SR to link new I 140 to pending I 485.

Will the USCIS officer issue RFE if he/she see two  I 140's (both EB2) linked to I 485. Should I open a request to only link new I 140 and delink  the old one?

 

I don't know exactly how the software works but there is no problem under the law to have more than one I-140 associated with your case. Not a problem.