Interfiling when dates not current/Apply Advance Parole document

Gurus,

I have a pending I-485 in EB3 with a priority date of Dec 2006. I moved to a different company in Oct 2011, started a new application under EB-2 category and got I-140 approval in Aug 2012 (with old EB3 date of Dec 2006). My new EB-2 case is being handled by Fragomen. Since EB2 India dates have not been current for my case since Aug 2012, I HAVE NOT filed an 'Interfile' request as yet, even though Fragomen suggested that we could send a request to Interfile even if dates are not current (since I read on forums that Interfile request should be sent in writing only after you priority date has become current).

I am currently working on an EAD which is valid till Aug 2014 (never used AC21 since old employer is supporting my old GC application). Unfortunately, my Advance Parole document will be expiring in Sept 2013 and I need to apply for a advance parole document.

I have the following questions:

- SHOULD I (actually Fragomen on my behalf) send an interfile request to USCIS before we submit I-131 to apply for Advance Parole OR is it ok to submit I-131 without sending an Interfile request?
- If we send in an Interfile request (by mail/post) right now when dates are not current, do we need to send another request after dates become current ? Fragomen says that once dates are current, they will remind USCIS about interfile process again by calling on a phone number meant for this purpose (ONLY AILA members/law firms can call USCIS on that number) and also sending USCIS an email regarding the same. They say that there won't be any need to send in a new paper interfile request again.
- Is there any risk in submitting I-131 without Interfile request?

Any inputs in this regard will be highly appreciated.

Quote:

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Originally Posted by Niksammy

Gurus,

Apologies for asking a question related to different topic here. Please feel free to remove it from here (created a separate thread for this question, but due to lack of response, decide to post it to most active thread)

Interfiling pending and need advance parole

I have a pending I-485 in EB3 with a priority date of Dec 2006. I moved to a different company in Oct 2011, started a new application under EB-2 category and got I-140 approval in Aug 2012 (with old EB3 date of Dec 2006). My new EB-2 case is being handled by Fragomen. Since EB2 India dates have not been current for my case since Aug 2012, I HAVE NOT filed an 'Interfile' request as yet, even though Fragomen suggested that we could send a request to Interfile even if dates are not current (since I read on forums that Interfile request should be sent in writing only after you priority date has become current).

I am currently working on an EAD which is valid till Aug 2014 (never used AC21 since old employer is supporting my old GC application). Unfortunately, my Advance Parole document will be expiring in Sept 2013 and I need to apply for a advance parole document.

I have the following questions:

- SHOULD I (actually Fragomen on my behalf) send an interfile request to USCIS before we submit I-131 to apply for Advance Parole OR is it ok to submit I-131 without sending an Interfile request?
- If we send in an Interfile request (by mail/post) right now when dates are not current, do we need to send another request after dates become current ? Fragomen says that once dates are current, they will remind USCIS about interfile process again by calling on a phone number meant for this purpose (ONLY AILA members/law firms can call USCIS on that number) and also sending USCIS an email regarding the same. They say that there won't be any need to send in a new paper interfile request again.
- Is there any risk in submitting I-131 without Interfile request?

Any inputs in this regard will be highly appreciated. Again, sorry for posting this question here

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Niksammy,

I don't think the interfiling affects your ability to renew your EAD/AP.

Personally, for reasons unconnected with the EAD/AP, I think it would be a mistake not to send an interfiling request in advance of your PD becoming Current under EB2.

In the AFM, it says that USCIS may not convert the basis of the pending I-485 to another Category (EB3 --> EB2) unless they have received a written request to do so.

If USCIS do not have such a request on file, they will have to send an RFE for written confirmation when they adjudicate your case. If you wait to send the request after you become Current, you cannot guarantee that that your case will come to the top of the pile again after you have responded to any RFE and while your PD still remains Current. I would want to give USCIS every chance to approve your case the first time it is picked up.

I think Fragomen's suggested strategy is the correct one.

Niksammmy,

Fragomen, despite being the worst large immigration law firm in the country with respect to customer service, do know immigration law better than any of us on this forum, so I'd follow their recommendations. In this particular case, I do agree with their recommendations completely. Specifically

1) Does not matter which goes first (I-131 or interfile), as long as the A# matches (and if it doesn't the interfile request will take care of it).
2) No, only one interfile request is required. I don't know about this special lawyer phone number, but if Fragomen says it exists, i'd believe them.
3) No risk in submitting the I-131 without the interfile request. Different altogether, in my opinion.

Assume all the usual disclaimers, about me not being an immigration lawyer, not being a guru on this forum, and only having done this on EB2 to EB2 porting, and not EB3 to EB2 porting.

Spec/Pedro,

Thanks for answering my questions. I have already asked my HR to ask Fragomen to send an 'Interfile' request. Appreciate the help :).

I HAVE NOT filed an 'Interfile' request as yet, even though Fragomen suggested that we could send a request to Interfile even if dates are not current (since I read on forums that Interfile request should be sent in writing only after you priority date has become current).

I am currently working on an EAD which is valid till Aug 2014 (never used AC21 since old employer is supporting my old GC application). Unfortunately, my Advance Parole document will be expiring in Sept 2013 and I need to apply for a advance parole document.

I have the following questions:

- SHOULD I (actually Fragomen on my behalf) send an interfile request to USCIS before we submit I-131 to apply for Advance Parole OR is it ok to submit I-131 without sending an Interfile request?








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GuL:

chai4oye,

You do not need to send an interfile request before applying for EAD/AP - those are 2 totally independent things.

As far as interfile request is concerned, my employer had given me the freedom to tell Fragomen how to proceed with my case (generally, Fragomen does what it wants and doesn't like benificiaries telling them how to proceed). Fragomen wanted to send an interfile request within days of my EB2 i-140 getting approved (in Oct 2012) when it was clear that EB2 India dates will not move till July 2013. I decided to ask Fragomen to wait till end of June 2013 before sending an interfile request. And I was dealing with Fragomen NYC office.

I would strongly suggest that you should send interfile request atleast 1-2 months before your dates become current (if you are not comfortable sending it right now) so that your case is processed as soon as your dates become current. It does not make sense to wait till your dates become current because you might miss the bus if you wait that long. Also ask Fragomen to send additional email to USCIS once dates are current.

I would also suggest that you (or anyone porting from EB3 to EB2) should contact their local congressman/senator as soon as your dates become current. The ONLY reason I got my GC approved on 19th Nov 2013 (2 days before DoS stopped issuing visas for EB2 I ) was because of intital Congressional inquiry and 2 follow-up phone calls/emails to Congressional Liaison at TSC by my case worker.