Can I have two 485?

A

alwaysbright

Registered Users (C)
Here is my situation:
I already have EB3 485 pending at NSC with 11/2003 priority date. Now my husband's EB2 140 with priority date 8/2005 got approved. The lawyer said we should switch our current 485 to be based on the newly approved 140, because it's EB3. We are from China, I know EB2 is better than EB3 now. But we will not get the old priority date and I don't know what will happen if my husband lose his job.

Please advise. Thank you very much.
 
yes you can, in fact mention the A# from first 485 while applying the second 485. Otherwise, you will have two A# per person and you will have a tough time during approval.
 
EB2 is much faster. Go by EB2. EB3 is extremely slow.

There is memo allowing for interfiling. However, people said NSC usually refuses to do interfiling. I would suggest file a new I-485.

When was the EB3 I-485 filed? Did you work on EAD? How long? These few questions are more important than whether you go EB2 or EB3. If you worked on EAD and lost your H4 for over 180 days, you would not be able to file a new derivative I-485 based on your husband's approved I-140! That is what I have been hearing recently. The law requires a person to be on nonimmigrant status before applying for adjustment.

Good luck.
 
Thank you both, wbd and rpranesh. All good information.

I filed EB3 in 9/2004 and I have been using EAD since last Oct which shold'v already passed 180 days. Then, I won't be able to file new I485 even with my husband? That sounds bad. If that's true, I don't have too much option but to do interfiling in order to get EB2 work.
 
alwaysbright said:
Thank you both, wbd and rpranesh. All good information.

I filed EB3 in 9/2004 and I have been using EAD since last Oct which shold'v already passed 180 days. Then, I won't be able to file new I485 even with my husband? That sounds bad. If that's true, I don't have too much option but to do interfiling in order to get EB2 work.
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You still may have a chance if you have H4. Most people said that using EAD automatically invalidates H4. However, very few people do not think so. You could file a new derivative I-485 with your husband and present your 'valid' H4.

Or just stick to your own I-485 and wait for your priority date to become current. Hope your husband has his own H1B now.
 
I was h1b before using EAD and AC-21 to chang job and get together with my husband. That did complicate our situation. We decided to wait to see how the pirority date move. Anyway, my husband still needs to wait if he wants to file a new 485. Thanks for your help.
 
alwaysbright, it looks like our situatuion are pretty similar. I have EB-3 based I-485 pending since April 2003. My PD is current and pretty old (January 2001, other countries). In November 2005 my husband's I-140( EB-2 ) was approved and we filed I-485 based on his I-140. This badly misfired at first. USCIS simply denied his case (and the dependants too) - but they never sent us any notice of action about that!! (nor did his lawyers got one). Then in a conversation with the Vermont service center rep he convinced them to re-open his case (it was a miracle no less). So now we have 2 I-485-s each pending.
Just to let you know what might happen.
 
Thank you Mette for sharing your experience. Good to know your case works out all right, though we can not hope for the same happen to us. Hope your approval come soon.
 
Mette said:
alwaysbright, it looks like our situatuion are pretty similar. I have EB-3 based I-485 pending since April 2003. My PD is current and pretty old (January 2001, other countries). In November 2005 my husband's I-140( EB-2 ) was approved and we filed I-485 based on his I-140. This badly misfired at first. USCIS simply denied his case (and the dependants too) - but they never sent us any notice of action about that!! (nor did his lawyers got one). Then in a conversation with the Vermont service center rep he convinced them to re-open his case (it was a miracle no less). So now we have 2 I-485-s each pending.
Just to let you know what might happen.
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Do you mind letting me know if you have H1 or H4, or have used EAD? The Pearson memo allows transferring I-485 from one I-140 to another I-140 of the same applicant (so-called interfiling, the same applicant is my own understanding). Interfiling between spouses may not be fine.

We have a very similar situation. Your information should be very helpful in our future direction. I apprecitate your sharing the result of your cases in the future. We need information and confirmation desperately.
 
485 deny strange help

I received a letter from Vermont Center (replied from my calling 03/13/2006), which indicates that my I-485 was denied on April 29, 2005. I got i140 approvl on march 2005. I strongly believe something is wrong with this letter for several reasons.

First, I haven｡ｯt received any denial notice about my I-485 from USCIS until now (I haven't change my adress during my application). and online information hasn;t shown that I haven been denied. In fact, I kept calling to inquire my I-485 status from Jun to September in 2005. I stopped my calling because of visa bulletin. If my I-485 were denied, I should be notified much early instead of about one year later.
Second, I got a letter (July 1, 2005) informing that my case had been delayed. This is the only response from 4 phone calls.
Third, I applied my working permit in December 2005 and got the approval. If my I-485 were denied on April 29, 2005, I cannot get the approval.

what Do you think how should I do? any suggestions?
I am really devastating.
 
Last edited by a moderator:
Hi, wy2
Sorry to hear that. The only suggestion I can think of is to contact your local congressmen or senator to do an inquiry for you. There are a lot of people here have done that. Wish you best luck.
 
alwaysbright said:
Here is my situation:
I already have EB3 485 pending at NSC with 11/2003 priority date. Now my husband's EB2 140 with priority date 8/2005 got approved. The lawyer said we should switch our current 485 to be based on the newly approved 140, because it's EB3. We are from China, I know EB2 is better than EB3 now. But we will not get the old priority date and I don't know what will happen if my husband lose his job.

Please advise. Thank you very much.
Click to expand...
Did you ask your lawyer whether your husband new I-485 can take your old PD after switching? You must make sure for it because there are two different I-140s are involved in.
 
Intefilling

Alwaysbright, I have pretty similar situation with you.

My employment based EB2 I140 with priority date 2003/04 got approved in 2006/04. My priority date will become concurrent in this June. But I already filed my I485 with my husband as dependent in last September. My husband's I140 is based on NIW and has not been approved yet. My lawyer told me that I can change already filed I485 to be based on my I140 and the priority date is based on my priority date, but I485 filling date still keep the old 485 filling date. It is something called "interfilling". I don't know if it is doable, since I don't know anyone who has the same experience.

We filed 485 to Nebraska center. I see people in this message board say that NSC usually refuses to do interfilling. Does anyone know how to get the status on the interfilling and know it is rejected or not before I485 is processed? Will they send notice and tell you that? Anyone had the same experience and got I485 approved?

Now I am facing two options: One is doing interfilling, and the other one is filling another 485. Which one is better? Hope people here can provide some information to me and help me to decide.

Thanks and good luck to all of you!
 
ququ said:
Alwaysbright, I have pretty similar situation with you.

My employment based EB2 I140 with priority date 2003/04 got approved in 2006/04. My priority date will become concurrent in this June. But I already filed my I485 with my husband as dependent in last September. My husband's I140 is based on NIW and has not been approved yet. My lawyer told me that I can change already filed I485 to be based on my I140 and the priority date is based on my priority date, but I485 filling date still keep the old 485 filling date. It is something called "interfilling". I don't know if it is doable, since I don't know anyone who has the same experience.

We filed 485 to Nebraska center. I see people in this message board say that NSC usually refuses to do interfilling.
------------ NSC or any service center cant refuse Interfiling and they have to go by PEARSON MEMO ( your lawyer need to attach the copy of Memo)

Does anyone know how to get the status on the interfilling and know it is rejected or not before I485 is processed?
------ Interfiling is possible ONLY BEFORE I-485 is not approved/rejected. you neeed a good lawyer to draft a cover letter for interfiling so that the officers understand it.

Will they send notice and tell you that? Anyone had the same experience and got I485 approved?

Now I am facing two options: One is doing interfilling, and the other one is filling another 485. Which one is better?
--------- i will file other I-485 and write my A# on form ( reason your spouse NIW I-140 is not approved at this time)
Hope people here can provide some information to me and help me to decide.
------------------ file your second I-485 and your spouse can also file second I-485 as dependent with your I-485. that is good back up plan if your spouse NIW I-140 has problems.
Thanks and good luck to all of you!
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PEARSON MEMO
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf
 
ginnu, thanks very much for your information. You suggest that I file a new I485 based on my approved I140. Do I need to withdraw the old 485 if I file a new one? My lawyer told me that I can only keep one 485 in the immigration center. If I keep two 485s, will it cause any errors and delays?
 
ququ said:
ginnu, thanks very much for your information. You suggest that I file a new I485 based on my approved I140.
---------- I will do that
Do I need to withdraw the old 485 if I file a new one?
-----------NO, dont do that
My lawyer told me that I can only keep one 485 in the immigration center.
------------ ask him USCIS rule/law/memo that says that a person cant have two I-485 pending. nothing prevents you filing second I-485.
If I keep two 485s, will it cause any errors and delays?
--------I-485 can have delay due to many reasons like PD, name check,FP missing documents , filing second I-485 or pending other I-485 has nothing to do with delay. write your A# on second I-485 and provide your I-485 reciept# that may be starting with LIN... or EAC... depending on service center
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I-485-derivative filing

I am self-filing and I am confused about derivative filing.

My spouse and I are both on H1-B visas. I guess it would be advisable not to file for EAD . RIGHT ?

Please correct me if I am wrong, but as I understand, derivative filing for a spouse would require yet another 1-485 to be filed along with my I-485. RIGHT ?

Thank you !
 
ccv said:
I am self-filing and I am confused about derivative filing.

My spouse and I are both on H1-B visas. I guess it would be advisable not to file for EAD . RIGHT ?

Please correct me if I am wrong, but as I understand, derivative filing for a spouse would require yet another 1-485 to be filed along with my I-485. RIGHT ?

Thank you !
Click to expand...

1. It is perfectly safe to apply for EAD and keep it "just in case". It will not affect your H-1B unless you actually use it. If you don't use it, it won't hurt anything.

2. Yes, you need a separate I-485 for each derivative applicant complete with fees, photos, medical exams, and proof of relationship to principal applicant.
 
485- list of documents

Am I missing any document ? I would like to know what specific documents other than these are required for my spouse.

1.Form I-485 ( self ) + Form I-485 (wife), Application to Register Permanent Resident or Adjust Status with 2 photographs and filing fee of $395

2.Form G-325A, Biographic Information

3.Photocopy of Form I-140 approval receipt notice

4.Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, results in a sealed envelope.

5.Evidence of current H1-B extension notice

6.Letter of Employment.

7.Notarized Photocopy of Birth & Marriage Certificate.

8.Notarized Photocopy of driver’s license, enlarged

9.Photocopy of all pages of current passport (including arrival/departure stamps, visa page)

10.Photocopy of past three months of paychecks.

11.Photocopy of all W2 statements.

12.Evidence of current status: photocopy of front and back of I-94 Arrival/Departure Record.

13.Evidence of lawful admission and maintenance of status: photocopies of all past I-797, I-20 approval notices and/or I-94 Arrival/Departure Records
 
Unique Situation

I filed 485 on July 2 2007 through Company 1. I quit the Company 1 on July 7 2007. I joined Company 2 on July 9 2007. Company 2 had filed for PERM in June 2007 that had an approval on July 16 2007. I wana apply for 140/485 through Company 2 now (concurrent filing) by this July 2007. Can I have 2 pending 485 application? I dont have the receipt for 1st 485 as it was just filed on July 2.
 
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