My EB1b I-140 was just approved. I filed I-485 concurrently with my NIW I-140 in 2005 which is still pending. XiaoBaiTu advised me to file a second I-485 attached to my approved EB1b I-140 instead of doing I-485 transfer. However, I read in the
I-485 Standard Operating Procedure (http://www.ilw.com/seminars/
august2002_citation2b.pdf) on Page 7-3.25 that two filed I-485s for one individual is more prone to interview at a USCIS local office (excerpt from I-485 SOP see below). Please advise if this is true and whether interview is better to be avoided.
Thank you very much!
“…Deviation From Interview Waiver Criteria
The above interview waiver criteria may be modified by individual officers in response to developing local circumstances and regional concerns, which would dictate the need for further restrictions.
On a case by-case basis, an officer may choose to relocate an I-485 for interview if he/she deems it necessary. Applications require a relocation if the officer determines:
• a need for validation of identity
• a need for validation of legal status • questionable admissibility and/or qualifications • apparent fraud • a second filing • an applicant with fingerprint rejected twice • an applicant with medical condition class A or B • the A-file cannot be located at the time of adjudication. “