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Help with I-485 - birth certificate, passport number and priority date questions

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  • Help with I-485 - birth certificate, passport number and priority date questions

    Hi all

    I am from India and have an approved EB1B I-140 with a PD of 11/1/2018. I also have a previous EB2 approval from 6/2015 for the same job that I am currently in.

    1. I have heard contradictory statements from the lawyers that helped put together my 140 evidence package and my university about whether I can port my EB2 PD to my EB1 and apply for I-485. The external lawyer says it can be done, but my university international section says it cannot be done. Who is right? If it can be done, how can it be done?

    2. My birth certificate is from India and the copy I have is an extract from the original register dated 7 years later than my year of birth though it clearly states the date it was registered (which was 20 days after my birth). My birth certificate also lists my name and my parents' name with initials followed by the given name with no family name. Will this cause USCIS to issue an RFE? If so, what documents can I provide to avoid this?

    3. Finally, my passport that I entered the US with is almost expired. I already applied and received a new passport. On 485 and other forms which passport number would I use? Is there anywhere I can indicate that I have a new passport that will make it clear to USCIS that I am not out-of-status due to the passport expiring while the 485 is being adjudicated?

    Thanks for any replies.

  • #2
    Can anyone help? Thanks.

    Comment


    • #3
      1. Your lawyer is correct. You can use your priority date from EB2 for your EB1. I think you attorney will be able to request that if the priority date from EB2 is not automatically ported to EB1. My EB2 priority date was 2013 and when I filed my EB1 in 2017 the approval came with the priority date from EB2. I just got my 485 approved (I am also from India). You may want search for the USCIS official document related to this option and share with the university, or ask your lawyer to email the university.
      2. My DOB was 1975 and my certificate was issued (extracted from original register) in 2012 although it was registered few day after birth. This is very usual and should not be an issue
      3.Form I-485 asks for passport you used to enter the US during your latest arrival. I think the expiration date is not a problem as long as you have a valid passport when you go for the adjustment of status interview

      Comment


      • #4
        Originally posted by doc_res View Post
        1. Your lawyer is correct. You can use your priority date from EB2 for your EB1. I think you attorney will be able to request that if the priority date from EB2 is not automatically ported to EB1. My EB2 priority date was 2013 and when I filed my EB1 in 2017 the approval came with the priority date from EB2. I just got my 485 approved (I am also from India). You may want search for the USCIS official document related to this option and share with the university, or ask your lawyer to email the university.
        2. My DOB was 1975 and my certificate was issued (extracted from original register) in 2012 although it was registered few day after birth. This is very usual and should not be an issue
        3.Form I-485 asks for passport you used to enter the US during your latest arrival. I think the expiration date is not a problem as long as you have a valid passport when you go for the adjustment of status interview
        Thank you for the answers and details @doc_res. I will wait to see if my approval comes with the older EB-2 PD on it.

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