Thanks so much for your help, teacher 8
YES, I have two law firms. One chosen by my wife’s company, and another chosen by my company. When we filed the 485s based on my EB2 I-140, I asked my lawyer to do the 485 relink, but they did not want to do it. From what you said, it seems that I-485 relink is free of charge from USCIS, is this correct?
-Correct. It seems the lawyer just wanted to charge you more service fee to ask you to file more I-485s and this is not moral.
-If the EB3 I-140 PD is current, it is normal and nothing worried because USCIS normally combine all of your family cases together for consideration. The only thing you need to pay attention to is whether all of your family I-485s' approval were based on the I-140 (e.g. EB3) which PD was current.
YES, Both my EB2 I-140 PD and my wife’s EB3 I-140 PD are now current. So you think that USCIS approved my daughter’s 485 based on my EB2 I-140 and approved my and my wife’s 485s based on my wife’s EB3 I-140 are NORMAL?
-Obviously USCIS put all your family I-485 cases together for consideration because both of you and your spouse I-140 were current. So, it does not matter whether your child I-485 was approved as your derivative or your spouse’s derivative. USCIS normally approved one of the I-485s for each person (they may re-link the I-485 to the I-140 which PD is current) and will deny the rest I-485s. So, nothing need to worry about for all your family now.
My concern is SINCE USCIS already approved my and my wife’s 485s based on my wife’s EB3 I-140, most likely USCIS will deny my and my wife’s 485s based on my EB2 I-140 (Am I correct?) . At same time, USCIS also approved my daughter’s 485 based on my EB2 I-140 which most likely will be denied. So my daughter’s approved 485 was depending on the denied 485. IS THIS A PROBLEM? Thanks again
