Interfiling - is it worth it Filed EB3 i485 but EB2 is current now

USA
,
1

I have two approved I-140 petitions - one in EB2 and another in EB3, same priority date, same company.

I switched to EB3 last year to make use of the AOS EAD for spouse. Now, the EB2 priority date is current for my date, but not sure if interfiling will help.

My company law firm says it is better to wait and not interfile as they have seen cases where interfiling actually causes delays, and cases end up in a blackhole.

Their view is that sometimes USCIS relates the EB2 and EB3 cases and processes it faster without interfiling.

Whats the experience with interfiling, and should I give it a try? Is there a speedup that others have seen? Any feedback is useful. I was in EB2 lane and it took almost a decade for it to be current, and it is painful to watch from the EB3 lane now.

2

If you have faith and you think your attorney knows what he is saying, i suggest to go by attorney’s advice.

If there is a good difference between your EB3 and EB2 date in getting current, it is better to go ahead with interfiling than waiting.

1 Like
3

Me and my spouse have independent i140 in EB2 with my priority date in December 2012 and my wife’s date in August 2014. My company is not willing to downgrade but my wife’s company is. So if we downgrade to eb3 with my wife’s PD of 2014 will we be stuck with EB3 unless my wife’s company does interfiling?

  1. With me on my wife’s i485 will I ever be able to use my PD for the i485( wife’s i485)

  2. Will I be eligible to file new i485 using my i140 PD while I am on my wife’s i485?

  3. Is it advisable to move with downgrading my wife’s category to get the i485

4

You can file your own i-485 if you get a chance too.

The downgrading is happening for your wife’s i140 and not yours. Your i140 stays the same. So, i am not sure what confusion you have here.