I-140 in EB3 approved with priority date 09/2009.
Applied for 1-140 in EB2 with another employer with porting of priority dates - the case is still pending with TSC and was submitted in 09/2011- it has been more than 5 months.
Now my priority dates are current. Will I be able to file my I-485? If yes, what extra documention should I provide. My lawyer says if we submit the I-485 case without the approved ported EB2 I-140 - there are chances that they might over-look the porting of dates and deny or reject the case. Please advise the best approach.
You should trust your attorney; otherwise why you are paying him money for his advice. If you must submit 485 because of your time consideration without concern for lost fees in case of denial of I-140 then it is your decision. If time is of the essence then make sure you have documented sufficiently porting dates. Also, there are chances that before USCIS deny your 485 they will ask for additional evidence to show approval of your I-140 which give you time to wait for approval or explain porting issues without loosing 485 fees.
I agree with your attorney. I would wait until the new I-140 is approved and then file the I-485
Your attorney is correct that there is a chance that USCIS might over-look the porting of the priority dates. Although I have handled many similar cases where it was not overlooked.
The main issue is, whether your I-140 will be approved or not- Did the company submit sufficient evidence to establish the ability to pay the prevailing wage?
Many clients do opt to wait until the I-140 is approved to file the adjustment of status applications. This way they do not waste money if the I-140 is denied.
Speak to your lawyer about changing to premium processing of your I-140.
I highly recommend folowing your attorneys advice. He has complete access to your file and knows the particulars of your situation.
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