回复：update:见过律师，说法不一样。

我们按照863211老师的说法和律师探讨了。他说我们这种情况的relink不是formal process。没有法律依据。

-He may want more money or he is a not good/inexpereinced lawyer. See the following link of USCIS website:

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-6539/0-0-0-6581.html

Read this section in the USCIS document:

    (l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another .    

(1) Background . From time to time an alien who is an applicant for adjustment under section 245 of the Act based on one (preference or immediate relative) category will prefer to have his or her application considered under another category. Likewise, an applicant for adjustment under one section of law may prefer to seek adjustment under an altogether different section of law. Examples include: 

 An alien who originally applied for adjustment based on an approved I-140 petition and married a U.S. citizen while the I-485 was pending, but who now prefers to adjust based on an I-130 filed by the new spouse;

An alien who originally applied for adjustment as the spouse of a U.S. citizen, but now prefers to be granted adjustment under an employment-based category in order to avoid having to deal with the conditional residency requirements of section 216 of the Act;

................................

While in many cases it is perfectly legal to convert the pending adjustment application to the new basis without requiring a new adjustment application or a new fee, there are a number considerations which must be taken into account before granting adjustment under the new basis. These considerations are discussed in Chapter 23.2(l)(2) of this field manual .

Note: 8 CFR 204.2(i) sets forth instances where a petition is automatically converted from one preference category to another (e.g., upon the naturalization of the petitioner, a second preference petition for a spouse is automatically converted to an immediate relative petition). In such cases, obviously, the conversion is automatic and officers need take no action. However, in such cases affected aliens may now be able to file for adjustment of status as an immediate relative; conversely, an alien may lose his or her current priority date (such as a child of an LPR who turns 21).  

(2) Guidelines . When considering a request by an adjustment applicant to convert the basis of his or her application, an adjudicator should take the following into account:

(A) New Application or Fee Not Required . If the criteria contained in this section are met, neither a new application nor a new fee is required.

........................

他还是建议我们新file 一个485.

-he wants more money from you or your employer.

同时女方base的老485也不要withdrawal。因为女方正在用EAD。

我们很想像863211老师的方法直接用老485 relink。

请问老师有什么法律条文我们可以引用去说服律师吗？

-See above. You may print out the section I cited above. Also, you can read this link for information about the I-485 relink and many people have done this successfully:

http://bbs.wenxuecity.com/immigration/498808.html

 

退一步说，如果按照律师的建议，另file 一个新的485， keep 老的485，有什么潜在的麻烦呢？

-No negative impact.

就是delay吗？

-Possible because USCIS needs to combine all your application together for consideration.

谢谢！

所有跟帖： 

• 这个条文太及时了。感谢。好人一生平安。 -please_2- ♀ (0 bytes) () 04/14/2011 postreply 21:54:12