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I 485 interfiling

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Posted by ppriya (9) 30 Mar 2009#1
I got my I 140 in EB1 as I said before. Meanwhile, through my husband's employer we filed for I485 based on my husband's I140 approval in EB2. Now, inorder to apply for I485 based on my I140, my lawyer is suggesting that we do interfiling. I am not sure how interfiling works, but I want to know from anybody out there who has done this and want to know what are the hurdles I might face. What are the disadvantages and advantages of interfiling? since mine is self-sponsored, does interfiling going to affect my husband's employment?

Thanks
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Posted by bijalb (3) 22 Jul 2009#2
to ppriya:

Hi ppriya:
Did you get any resolution on this issue? I am in similar situation and am not sure how to proceed.
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Posted by ppriya (9) 22 Jul 2009#3
to bijalb:

Hi

Interfiling is not permitted under the situations like mine. please check this webpage http://www.murthy.com/print/n_staiss_P.html

My lawyer also discussed this with other colleagues of her and they all concluded that it could be done, but it is very risky and chances of one of the application getting denied is huge and the other is not guaranteed. So, obviously, i decided to do a separate filing, although I will be spending lot more money. The only advantage of interfiling is that it will save you that $2K in fees.

Hope this helps
Good luck--Priya
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Posted by interfile1971 (27) 21 Nov 2009#4
Hi Guys,

Interfiling is the new HOT thing in GC process.

Looks like lot of people in EB3 are filing for EB2 I-140's.

Some with I-140 from different employers and some with same employer.

Let us share the info in one place. I saw that information is scattered all over.

Please submit your experiences here. What to know successful and failed attempts at interfiling EB3 to EB2.

This will help us avoid any pot holes in the way to Interfiling.

Please cooperate.

Thanks,
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Posted by gcforum (24) 28 Dec 2009#5
i have question regqrding i 485 interfiling. I have my I 140 (EB2) from my previous emp approved and my current emp also applying for I 140 (EB2). My 485 is currently in pending with my old emp. I do not want to apply for AC21, as job duties are not exactly same. Therefore, once my second I 140 gets approved, do I have to wait for the PD dates to be current in order to apply for I 485 interfiling.
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Posted by ddlo (8) 07 Jan 2010#6
Hello,

My lawyer filed the EB3-Eb2 interfile on 12/29. I wish to know what is the average response time for an interfile application (TX center). Is there
a regular approval process for this type of application or is it per case random handling?

Thank you.

ddl
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Posted by PermEB2I (8) 13 Jan 2010#7
to ddlo:

Hi ddlo,

Have you seen any activity on your case yet? Like Soft LUDs etc on your 485?
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Posted by ddlo (8) 15 Jan 2010#8
to PermEB2I:

No, nothing yet. Is this supposed to take few days/weeks or month?

thanks.

ddlo
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Posted by PermEB2I (8) 15 Jan 2010#9
to ddlo:

Well, there is no good answer for that. I checked with my lawyer and they say that it may take few weeks or few months in some cases. Also, did you check your approved 140 to see if it has the correct A# matching your 485?
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Posted by bujjigadu (28) 25 Jan 2010#10
to ppriya:

hi,
any updates on your case?
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Posted by bujjigadu (28) 05 Feb 2010#11
to ppriya:

hi,

I was in little different situation.
Myself & my wife had independent i 485 based on our individual i140 in eb2 category since july 2007
Recently my I 140 in eb1 approved.USCIS automatically opened my I 485 same day(previously applied in eb2) and approved it in 1 month.
Later i requested for interfiling of my wife's I 485 on my approved 485.
They approved her 485 this week.

i was informed by reputable attorney that if you are dependent on your spouse's 485 then they can't substitute your i 140 in eb1 for the principal applicant.Where as if you are the principal applicant with your husband as derivative or both have independent 485 on your individual 140 then interfiling can be done.
If you have an application 485 as dependent on your husband then you should apply a separate set of 485's with you as principal applicant in eb1 and spouse as dependent.Once USCIS requests then withdraw the previous application with your husband as principal applicant.before you withdraw you should make sure you are on H1 to fall back if something happens.
if you time keep me posted.
best of luck
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Posted by almaz109 (1) 05 Feb 2010#12
my application for permanent residence has be denied on the bases of inadmisability according to the immigrations assesment,
but i have varified that i am not related to any terrorist political groups. furthermore, my case has been reopended on these bases.Now it is over 2 years since it has been reopended ,hence, i kindy request to rationaly re-evaluate my application for I-485 and realase my green card,
i am expecting immigration to reward me for the lost time and compensate for my phycological and moral depression .
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Posted by saikira (48) 25 Apr 2010#13
1 case :iam primary under eb3 with 485 pending my wife is derivate and working on ead
case 2: if we file new eb1 on my wife what will be effect on both applicants what possible rfes were expected on previous pending applcation
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Posted by rajeev037 (27) 08 May 2010#14
Hi,

MY EB3 priority date is Dec 19, 2004. I filed my I-485 in July 2007. I recently filed a new I-140 in EB2 category through another company and got it approved on May 1st, 2010. The priority date on my new EB2 I-140 says my old priority date (Dec 19, 2004).
My priority date is current now. My lawyer requested for Interfiling while applying new I-140. Whats the next step?
Shall i simply wait or shall i open an SR or start contacting Congressman's office?
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Posted by saikira (48) 09 May 2010#15
to ppriya:

I recently got my I 140 filed in EB1 category by my employer.
Meanwhile, through my husband's employer we had earlier filed & currently pending I485 in EB3 category where I am

the secondary.
Now for the new EB1 petition , do I (where I will be primary) or my husband (who will be secondary thru my

application) need to file for new I-485s ? Or can we interfile ? To summarize my qs, if a person is primary on one

application and secondary on the second application, can the person utilize the same I-485s for both petitions.
Thanks
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Posted by firhill (16) 11 May 2010#16
To rajeev037:
You really dont have to do anything after you/your attorney sends in the letter requesting the priority date to be ported. The trend seems to be that it typically takes about six agonizing weeks for a decision on the case. Keep your faith, all the best.
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Posted by NJEB2 (29) 18 Jun 2010#17
Here is my situation, please advise:
Company 1 - EB2 - I-140 Approved - PD : June 2005 - Left the company before filing I-485 on May 2007- I have I-140 approval copy & looks like active still(not revoked)

Joined Company 2 in July 2007 - Processes GC in EB3 -I-140 Approved(using Labor subs) - PD : September 2003 - Filed 485 in August 2007.

Company 3 : Used AC21 to switch from Company 2 - Currently working in here - wages and job responsiblities are matching with EB2.

Can I interfile with my pending I-485 using Company 1's approved I-140 to switch to EB2. In that case , do I require employment letter or anything from Company 1 or just I can send I-140 approval copy along with request letter.

Thanks
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Posted by columbusga (2) 10 Sep 2010#18
Hi All,
My Employer filed for GC in EB3 with PD Oct 2004.
We converted to EB2 and got the Labor and I-140 approved.
The Priority date was ported over.
What do we need to do now for the USCIS to pick up the new I-140 and link it to the I-485?
Thanks for all your help..
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Posted by GC1dream (61) 10 Sep 2010#19
to columbusga:

Hi - Why did you employer asked you wait for 30 days before you interfile ?. Any specific reason ?.
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Posted by columbusga (2) 10 Sep 2010#20
My Attorney told me to it will be picked up automatically since the Priority Date was ported successfully.
He asked me to wait for 30 days before making any inquiries.
Is that True?
Thanks..
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Posted by GC1dream (61) 10 Sep 2010#21
to columbusga:

It make sense but my Attorney is still interfiling with the I-140 original approval notice once they receive which I guess will be early next week.
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Posted by GC1dream (61) 15 Sep 2010#22
to columbusga:

I saw a SLUD on my Eb3 I-140 for today's date. Does anyone know what does that mean ?. Thanks...
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Posted by vramprak (209) 17 Sep 2010#23
Hi,

My lawyer requested for porting for Eb3 date and also for interfiling the same time when we petiioned for Premium I-140 Eb2. Is it better to get the ported date and then apply for interfiling? I'm confused
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Posted by eb2after11 (113) 22 Feb 2011#24
After sending the interfile letter to port the pending I-485 with new I-140 PD ported, Would the case be affected in case of a company layoff?
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Posted by j95825 (6) 14 Apr 2011#25
If your date is current and have filed for I 485-interfile, can we take an infopass and ask about the status of the application? Would this help? Also is there any way to check the status of the i485 interfile .. ?
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