Champ Boy
Feb 9, 2023
Interfile from EB2 to EB1A
Hello,
I have an approved I-140 under the EB1-A category with a priority date of October 2022. I submitted my I-485, I-131 and I-765 in December 2022, when the priority dates were current for Indian nationals (i.e. for me). However, per January 2023 visa bulletin and onwards, the EB1-A dates have been retrogressed to February 2022. In addition, my employer has also filed an EB2 petition with a priority date of November 2020, for which the I-140 is approved.
Has anyone interfiled when I485 is pending? Does intefiling allow EB3 to EB1A priority date porting? Or does interfiling strictly mean changing the entire I485 petition altogether such that my case will be considered under EB2 timing, and related dates in the visa bulletin, in which case the EB1A petition will no longer be considered? Essentially, I am looking to utilize the PD from my EB2 application and apply it to my EB1A petition to make my application current.
Thank You
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A RFeb 9, 2023
Hi @A G….you’ll notice there’s another post in this forum that addresses this same topic. We are in a similar situation too (EB1 PD of August 2022, and EB2 priority date of 2018) - based on the analysis that I’ve done so far, there is no explicit porting or new application required to retain your earlier priority date. If your attorney had a letter indicating this at the time of filing your EB1 I-140 application, your I797C would have retained the earlier priority date; but if this is not the case, you could work with your attorney to file a service request with USCIS to adjudicate your AOS with the earlier priority date. I’m sure plenty of others in the same boat will comment and provide their perspective as well. Good luck!
Champ BoyFeb 9, 2023
@A R, thanks for your reply. During the filing of my I140, and I485, my attorney did not mention to use my earlier PD of 2020. Hence, my I797C has the PD of October 2022. If I put in a request now (My I485 is currently pending), do you know if they will send out a new I485 I797c receipt to indicate the updated PD? Perhaps, did they send you a new I485 receipt form?
A RFeb 9, 2023
Hi @A G…..this is the part that I’m not 100% certain about - in terms of whether they simply process the AOS against the older priority date or if they also issue an updated I797c for the I140 approval. We’re working with our attorney to file the request. I will let you know if we receive an updated I797C with the older priority date.
Champ BoyFeb 9, 2023
@A R, yes, thats what I am also planning to do (sending an explicit letter to the USCIS to use prior PD). Perhaps, we can be in touch regarding our progresses. In I485 form, there is a question about PD and corresponding I140 receipt number (i believe on page # 4). What did yoh enter there? Or did you leave that section blank?
north westFeb 9, 2023
hi @ A G and @A R, I was checking to see how this works. do SR has to go through attorney?
A RFeb 9, 2023
@ A G…..we actually had the prior I-140 priority date, but it didn’t seem to transfer to the I797C approval. And yes - I’ll post any updates I have here and we can stay in touch.
@ north west: Not sure….you could still raise an SR via Emma if you don’t want to involve your atoorney.
north westFeb 9, 2023
hi @A R I tried reaching Emma, they mentioned to raise request, but not sure where that option on their site
Champ BoyFeb 9, 2023
@north west, most of the times, emma chat has been not so useful, and I always find conflicting information. So, my attorney suggested that we should send them a written letter, and explain the Situation, which is what I plan to do.
i believe you can also raise SR, as it has a drop down menu asking 'who is asking for this SR', where you can select, petitioner or representative (whoever decides to put in this request)
a mFeb 10, 2023
@northwest - you can raise an SR online and say it’s a typo in the drop down? or chat with Emma asking for tier 2 agent call back?
north westFeb 10, 2023
thank you all! appreciate your inputs.
north westFeb 10, 2023
Hi @ A M did you or someone took this route?, was it successfully updated for anyone you know?
Hope Miracle FaithFeb 10, 2023
l think you should join this group, uscis more likely, wont respond in writing. Tier 1/2 officer will tell you that your AC21 was approved only for your i485 to be denied. You then have to file a MTR i290b. Let meet there and keep in touchhttps://t.me/+CauywVCVFUM4OWUx
north westFeb 10, 2023
hi , could you please elaborate? , are you saying letter or service request will have adverse effect?
Champ BoyFeb 10, 2023
@hope faith miracles - what exactly is AC21? I believe that is something to do with change of employers. I self petitioned my EB1A case, and hence no employer involvement. l
why do you say that the letter will not be responded by the uscis?
div spaceFeb 12, 2023
@A G , what priority date is shown on your I-485 receipt date ?
Champ BoyFeb 13, 2023
@div space it shows my eb1a PD (i.e. Oct 2022). Thats what I am trying to correct with the USCIS
a mFeb 14, 2023
@hope can you please clarify your comment?
R JFeb 24, 2023
@A G let me know if you have any further updates on how to correct it. i am in the same boat with an old priority date of 2015, but my receipt shows May 2022. My EB1A I140 has a priority date of may 2022. thanks
Champ BoyFeb 28, 2023
@R J yes sure. I'll let you know. Most likely, I am planning to write them a request letter to interfile I485.
R JMar 19, 2023
@A G any update on this? thanks
