Interfile now or wait till dates become current

[Niksammy]

Gurus,

I have a priority date of Dec 2006 (ported from old EB3 with previous employer) on EB-2 i-140 filed by my current employer. We got EB2 i-140 approval in Sept 2012. Since I already have a pending i-485 with USCIS filed in July 2007, I just need to send an Interfile request to USCIS when my dates become current (sometime in next 3 months) and I should be good. My current case is being handled by Fragomen.

Fragomen lawyers advised me in Oct 2012 itself that we should send a request for Interfiling even though my dates were not current at that time. They said that once the dates become current, we will again remind USCIS about Interfiling by sending followup email and calling on a PARTICULAR phone number. I requested the lawyers to NOT do any Interfiling till dates become current (as I had read at various forums that interfiling can be done only once dates are current).

Now since date Dec 2006 should become current in next few months, would I be at any disadvantage by not doing Interfiling till the dates become current? Or to put it differently, should I ask my lawyers to send a request for Interfiling immediately and then remind USCIS again once the dates become current?

[Spectator]

Niksammy,

I would follow Fragomen's advice if there is no downside to you.

Although the actual conversion can't happen until the dates are Current, a request now will make sure all the information is consolidated into one file. That should already be the case, but it should make sure and your case is ready to proceed when the dates become Current.

At worst it can't do any harm.

If for any reason, your files are currently separated, that would delay the process if you wait until the dates are Current.

Of course, if Fragomen are charging extra for this service, it is a more difficult decision.

[Niksammy]

Niksammy,

I would follow Fragomen's advice if there is no downside to you.



Spec,

Thank you very much from the response.

By downside, did you mean Fragomen charging me money for interfiling OR is there some OTHER downside. Could you please elaborate?

Money is not an issue since Fragomen is our corporate immigration law firm, so I do not have to pay them a single penny.

Nik

[Spectator]

Niksammy,

I was only thinking of cost.

I know Fragomen are quite expensive and generally not used by individuals. If your employer is picking up the cost, then no downside as far as I can see. Good you are working for an employer who does pick up the I-485 costs - not all do.

[Niksammy]

Thanks a ton Spec!

PS : It was great getting those answers from 'The Legend' himself