my case is getting complicated, 8老师 and 皮老师,need your help.
EB2 PD 10/2005. I-485 filed in Aug. 2007 while I was working for my previous employer. Then joined the current employer (big IT company) when
I-485 was pending less than 180 days. My current employer asked the lawyer (with the big law firm) to have my I-485 ported to my current employer by sending the supporting letter from the current employer(and some other needed supporting paperwork I guess).
Then the lawyer suggested to file another Green Card application for me as backup in case the pending I-485 get denied - reason being: job deion of my previous and current job might be slightly different(but I don't think so) and I left the previous employer when I-485 pending less than 180 days. To me, they just want to make more money on me from my employer. It doesn't cost me a dime, and it could be a good backup for me, so I moved forward with the second GC application. The new PERM got approved, and the new I-140 filed in Apr. 2010. When filing the new I-140, the lawyer requested the new I-140 be interfiled with the pending I-485(saying by doing so my new I-140 can get the 10/2005 PD from the old I-140/I-485). Now finally my PD becomes current in June, and I asked the lawyer to call the USCIS to submit a service request to give a little push to my I-485. Howeve, the lawyer came back to me saying: "something else to keep in mind is that, at a minimum, your I-485 application will not be approved until your new I-140 petition is approved. Since your new I-140 petition wasn't filed until April, I would recommend that we wait until it has been approved + at least 30 days beyond that date before we submit an official status inquiry with USCIS customer service." What is going on here?
Question:
1. Is it so that my I-485 now becomes dependent on the new I-140? My I-485 will not get approved until this new I-140 gets approved even my PD is current? If that's the case, is there anything I can do except just wait?
2. What if I call the USCIS and submit a service request for my I-485? Will there be any negative impact to my I-485? Will that lead to denial of my I-485? In case the I-485 is denied, can my new I-140 get the 10/2005 PD?
Thank you so much!
Rocky