我們按照863211老師的說法和律師探討了。他說我們這種情況的relink不是formal process。沒有法律依據。
-He may want more money or he is a not good/inexpereinced lawyer. See the following link of USCIS website:
http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-6539/0-0-0-6581.html
Read this section in the USCIS document:
(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another .
(1) Background . From time to time an alien who is an applicant for adjustment under section 245 of the Act based on one (preference or immediate relative) category will prefer to have his or her application considered under another category. Likewise, an applicant for adjustment under one section of law may prefer to seek adjustment under an altogether different section of law. Examples include:
An alien who originally applied for adjustment based on an approved I-140 petition and married a U.S. citizen while the I-485 was pending, but who now prefers to adjust based on an I-130 filed by the new spouse;
An alien who originally applied for adjustment as the spouse of a U.S. citizen, but now prefers to be granted adjustment under an employment-based category in order to avoid having to deal with the conditional residency requirements of section 216 of the Act;
................................
While in many cases it is perfectly legal to convert the pending adjustment application to the new basis without requiring a new adjustment application or a new fee, there are a number considerations which must be taken into account before granting adjustment under the new basis. These considerations are discussed in Chapter 23.2(l)(2) of this field manual .
Note: 8 CFR 204.2(i) sets forth instances where a petition is automatically converted from one preference category to another (e.g., upon the naturalization of the petitioner, a second preference petition for a spouse is automatically converted to an immediate relative petition). In such cases, obviously, the conversion is automatic and officers need take no action. However, in such cases affected aliens may now be able to file for adjustment of status as an immediate relative; conversely, an alien may lose his or her current priority date (such as a child of an LPR who turns 21).
(2) Guidelines . When considering a request by an adjustment applicant to convert the basis of his or her application, an adjudicator should take the following into account:
(A) New Application or Fee Not Required . If the criteria contained in this section are met, neither a new application nor a new fee is required.
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他還是建議我們新file 一個485.
-he wants more money from you or your employer.
同時女方base的老485也不要withdrawal。因為女方正在用EAD。
我們很想像863211老師的方法直接用老485 relink。
請問老師有什麽法律條文我們可以引用去說服律師嗎？
-See above. You may print out the section I cited above. Also, you can read this link for information about the I-485 relink and many people have done this successfully:
http://bbs.wenxuecity.com/immigration/498808.html
退一步說，如果按照律師的建議，另file 一個新的485， keep 老的485，有什麽潛在的麻煩呢？
-No negative impact.
就是delay嗎？
-Possible because USCIS needs to combine all your application together for consideration.
謝謝！
