EB3 To EB2 Porting - Interfile Letter

Please see below interfile letter for EB3 to EB2 porting. Remember to change/update details below (address, application number, etc)

U.S. Citizenship & Immigration Services
Nebraska Service Center
850 S Street
Lincoln, NE 68501
REQUEST TO INTERFILE APPROVED EB-2 I-140 WITH
PENDING I-485 APPLICATIONS
RE: I-485 Applications to Adjust Status to Permanent Resident
Principle Applicant: XXXXXX (A# XXXXXXX)
Receipt #: XXXXXXX
Derivative Applicant: XXXXXXXX (A# XXXXXXXXXX)
Receipt #: SRC-XXXXXXXX

Dear Officer:

Please interfile the approved EB-2 I-140 petition (LIN-XXXXXXX) filed on Mr.XXXXXXXs behalf with the pending I-485 applications filed by Mr. XXXXXX(SRC-XXXXXXX) and his wife, Mrs. XXXXX(SRC-XXXXXXX). We are making this request so that the I-485 applications may be processed according to the availability of immigrant visas in the EB-2 category. As noted by the attached Transfer Notices, these I-485 applications were transferred to the Nebraska Service Center on June 12, 2008. Section 23.2(I)(C) and (D) of the Adjudicators Field Manual provides that an I-485 adjustment application may be converted from one eligibility basis to another if the request is made in writing and there is no break in the continuity of the underlying eligibility for adjustment prior to submission of the conversion request.

Since Mr. XXXXXXX is the beneficiary of multiple approved I-140 petitions, we
request that the basis of his pending I-485 application be converted to the EB-2 I-140 petition (LIN-XXXXXXX) approved on his behalf. Therefore, please interfile this second approved I140 petition with Mr. XXXXXXXs pending I-485 application and process his adjustment application, and the adjustment application of his spouse, according to the availability of immigrant visas in the EB-2 category.

Mr. XXXXXXs country of chargeability is India. The priority date associated with
his approved EB-2 I-140 petition is March XX, 2005. Per the U.S. Department of Statesâ?? Visa Bulletin for July 2010, Mr. XXXXXXs priority date is current.

Therefore an immigrant visa number is immediately available for his use and his I-485 application to adjust status may be immediately approved.

In support of this request, please find copies of the following documents: 

1. Approval Notice for EB-2 I-140, Immigrant Petition (LIN-XXXXXX);
2. Receipt Notice for Mr. XXXXXXXs pending I-485, Application to Adjust Status to Permanent Residence (SRC-XXXXXXX);
3. Receipt Notice for Mrs. XXXXXXs pending I-485, Application to Adjust Status to Permanent Residence (SRC-XXXXXX);
4. Transfer Notices for the two I-485 applications indicating that the applications were transferred to the Nebraska Service Center on June XX, 2008; and
5. Copies of our Form G-28 Notice of Entry of Appearance as Attorney for the I-485 applications of Mr. XXXXX and his spouse.

Thank you for your assistance. Please contact me directly should you have any questions
regarding this request.

Sincerely yours,