I have a pending I-485 based on an approved I-140 (EB-2 PERM). While this I-485 is pending, a new I-140 has been approved (EB-2 NIW). I still want the I-485 to be adjudicated on the OLD I-140 (EB-2 PERM).
Do I need to do anything such as Service Request (SR)? Please note that unlike most people, I don’t want to use the new I-140. Thank you very much!
If you don't want your pending I-485 application joined with your newly approved I-140, you do not need to do anything - you only need to take action, if you wanted to interfile the newly approved I-140 with the pending I-485.
Usually, when we file the new I-140, we request the USCIS to accord us the older priority date.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
In this type of situation, you don't need to do anything or take any type of action. The I-485 will be based on your old I-140, which gave you the right to file the I-485 when your "priority date" become current.
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