Which I-140 my I-485 is based on ?

[devprakash]

Hi,

My company had filed two I-140s for me lets call these as 'A' and 'B'. I-140 'A' was filed in August 2006 along with I-485 based on some one else labor (EB-3, PD Nov 2003) who left the company (labor substitution). Later, I got my own labor approved (EB-2, PD April 2007) and then filed one more I-140 'B' based on this labor. Couple of months back I-140 'B' got approved and also looks like USCIS ported my EB-3 PD to EB-2 as my lawyer requested USCIS to port it. The approval notice for I-140 'B' shows PD as Nov 2003. I-140 approval notice for 'B' also says that I will be notified separately when USCIS reached a decision on my pending I-485.

First, Does it mean that my I-485 is now based on I-140 'B' although it was filed with I-140 'A' that is still pending ?

Second, What are my options if the group where I work in current compay is separated out (and sold to some one) and started as new company ?

Thanks in advance for any help.

Regards,
devprakash

[txh1b]

The lawyer should interfile the newly approved I140 with your already in progress 485 to get the PD apply to that I485. If not, the I140 that your 485 was filed for will get processed in the category of EB3 based on that PD.