How to re-initiate the I-485 application?

[amitanshi]

Hello All

I had filed I-140 and I-485 concurrently, MY I-485 got denied after the denial of I-140 reasoning that USCIS didn't receive evidence of my education, I have send the appeal with the education evidence and now waiting for the decision,

My question is, in case my I-140 gets approved do I have to re-initiate my I-485 process and if yes can some one guide me the legal and official language to write the letter to USCIS to re-initiate the I-485 processing.

Thanks

[txh1b]

Your attorney had to file an MTR on both the 485 and I40 when they file an appeal. If not, you would have to refile 485 again if the I140 is approved when the PD becomes current.

[amitanshi]

Confused

last time at the time of appealing the I-140 you had mentioned that once the I-140 get approved we would have to send the letter to re-initiate the I-485 see the linke http://www.immihelp.com/forum/showth...032#post146032

and now am being told that it should have been done along with I-140, please clarify.

Thanks

[txh1b]

I am saying the same thing as I said earlier. If the 485 was not appealed at that time, it has to be filed again when the I140 is approved. USCIS will collect all fees associated with the 485 again as it is treated as a complete new filing.

[amitanshi]

Thanks for the advice

I talked to my lawyer and he said that he did Appeal only and not MTR because he didn't send the papers to AAO office because it was denied based on not getting my education evidence though it wasn't RFE but denial, since we had chance to appeal so the papers were sent to regional office which is TX, and he also said once he will get the approval on I-140 then he will send a request letter to I-485 department to put back the process on the track in other words reconsidering I-485 denial after the approval of I-140. Do you think this is the right procedure? Please let me know.

Thanks a lot for your help!