r****r
发帖数: 701 | 1 新的140批了，和以前批准的140相同的A#，但是PD确实新的
怎么进行relink？
谢谢 | s*******k
发帖数: 1161 | 2 最好咨询律师。
下面是google来得。
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current
Approved Underlying I-140 Petition to New I-140 Petition
• This posting involves aliens who are waiting for the I-485
applications where the underlying I-140 petition was approved but due to
retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases.
When the same alien obtains an EB-2 labor certification approval through
the same employer or a different employer and the visa number is available
for the EB-2 for him or her, he should be eligible for filing another I-485
application based on the visa number available EB-2 I-140 petition. This can
be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-
140 has already been approved, by filing of stand-alone I-485 application.
• However, in the foregoing situation, the Pearson Memo of 2000 allows
the alien to transfer the pending I-485 application from the existing
underlying approved I-140 petition to a new EB-2 I-140 petition such that
the alien does not have to file another I-485 application to use the second
I-140 petition. For this to happen, two conditions must be met: (1) The
existing underlying I-140 petition (most likely EB-3) must have been
approved before the I-485 transfer is requested. (2) Secondly, the visa
number must be "current" for the new I-140 petition (most likely EB-2)
before the I-485 transfer is requested. Inasmuch as the visa number is
current, the pending I-485 application that suffer from the visa number
retrogression can be transferred to the nex I-140 petition.
• According to the Nebraska Service Center, people should take the
following procedure to request such transfer of pending I-485 application
from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140
Petition That Has Visa Number Current: In this situation, he/she is filing a
new I-140 petition (probably EB-2 with visa number "current") with the
agency to transfer the pending I-485 application and attach it to the new I-
140 petition. The NSC states that if he/she files such new I-140 petition,
he/she should use "large, bold print in the cover letter or with a separate,
brightly colored cover page and notation 'Inter-file I-140 with Pending I-
485' and include the Receipt/File Number of Pending I-485 Application, both
on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New
I-140 (most likely EB-2 category): NSC asks to print the attached over sheet
on brightly colored paper, and submitting it with a cover letter providing
the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval
Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485
application.
【在 r****r 的大作中提到】
: 新的140批了，和以前批准的140相同的A#，但是PD确实新的
: 怎么进行relink？
: 谢谢
| r****r
发帖数: 701 | 3 谢谢
cases.
485
【在 s*******k 的大作中提到】
: 最好咨询律师。
: 下面是google来得。
: "06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current
: Approved Underlying I-140 Petition to New I-140 Petition
: • This posting involves aliens who are waiting for the I-485
: applications where the underlying I-140 petition was approved but due to
: retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases.
: When the same alien obtains an EB-2 labor certification approval through
: the same employer or a different employer and the visa number is available
: for the EB-2 for him or her, he should be eligible for filing another I-485
|
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