m**********r 发帖数: 183 | 1 该不该再交一份EB2的485哪?主要考虑EB1背景不是很强,140不知到何时会批。但是
EB2的485又考虑到经济原因,又是几千刀。请各位高人们给点意见,指点一下,叩谢了
!! | p*******l 发帖数: 2495 | 2 可以re-link吧。 Re-link the pending 485 to the approved EB2 140. | a****e 发帖数: 1297 | 3 请问这个relink是不是得等eb2的排期到了,才能relink
否则relink有用吗
谢谢
【在 p*******l 的大作中提到】 : 可以re-link吧。 Re-link the pending 485 to the approved EB2 140.
| p*******l 发帖数: 2495 | 4 得等eb2的排期到了
【在 a****e 的大作中提到】 : 请问这个relink是不是得等eb2的排期到了,才能relink : 否则relink有用吗 : 谢谢
| p*******l 发帖数: 2495 | 5 From an older post http://www.mitbbs.com/article_t/Immigration/32157455.html:
Q: Can Concurrent Filing Be Used If More Than One I-140 Is Filed on Behalf
of the Same Beneficiary?
A: Yes, with a few caveats.
Generally, if an I-140 is filed seeking to classify a foreign national as an
alien of extraordinary ability and a separate I-140 is filed requesting a
national interest waiver for the same foreign national, he or she may submit
, at the same time or subsequently, an I-485 with one of the I-140 petitions
. USCIS has said that only one I-485 per applicant may be filed at a time.
If more than one I-485 is pending, USCIS may request that one of the I-485s
be withdrawn.
The first caveat is if the I-485 accompanies the extraordinary ability I-140
, but the national interest waiver I-140 is approved first, USCIS will not
transfer the I-485 to the approved I-140 until the extraordinary ability I-
140 has been adjudicated. If the extraordinary ability I-140 is approved,
the I-485 will, in all likelihood, also be approved.
If the extraordinary ability I-140 is denied, and the priority date for the
national interest waiver I-140 is current, USCIS will usually, but not
always, match the pending I-485 to the approved petition. If the
extraordinary ability I-140 is denied, and the priority date for the
national interest waiver I-140 is not current, USCIS will not transfer the I
-485 to the national interest I-140. USCIS can only transfer the I-485 if a
visa number is available for that I-140 petition. Therefore, when the
extraordinary ability I-140 is denied, and the national interest I-140 is
approved but the priority date is not current, the I-485 will be denied.
The second is if the I-485 accompanies the national interest I-140, and the
extraordinary ability I-140 is approved first, again, USCIS will not
transfer the I-485 until the national interest I-140 is adjudicated. If the
national interest I-140 retrogresses, meaning the priority date is no longer
current, USCIS can still transfer the I-485 to the extraordinary ability I-
140 as long as the extraordinary ability I-140 remains current.
Finally, if the I-485 accompanies one or the other of the I-140s, and that I
-140 is denied, and the other I-140 remains pending, USCIS may match the I-
485 to the pending I-140 as long as the pending I-140 remains current. If
this is missed by USCIS, and the I-485 is denied, it may be necessary to
file a motion to reopen. | m**********r 发帖数: 183 | 6 谢谢pimpernel美女回复,relink是不是就意味着放弃EB-1的485了,还是整个EB1申请
就都放弃了? | p*******l 发帖数: 2495 | 7 USCIS has said that only one I-485 per applicant may be filed at a time.
So now you can request them to consider you I-485 based on the approved EB2,
since your EB1-140 is still pending.
I think they will still continue to consider your EB1 case if you did not
withdraw.
【在 m**********r 的大作中提到】 : 谢谢pimpernel美女回复,relink是不是就意味着放弃EB-1的485了,还是整个EB1申请 : 就都放弃了?
| m**********r 发帖数: 183 | | p*******l 发帖数: 2495 | 9 You are welcome. Contact your lawyer or USCIS as soon as possible since USCIS will not re-link for you.
Good luck!
【在 m**********r 的大作中提到】 : 再次感谢pimpernel美女的热心回复!
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