I485 application filed twice

M

man123

Registered Users (C)
Hi
I495 application was filed in Nov 2004 and I did not get the receipt until end of dec 2004 so teh lawyer filed another set of I485. The receipt for the second set of I485 received with RD 12/26/04 and ND 01/22/05. A few days lawyer informed that the first set of I485 information has been entered into the system with RD 11/01/04 and ND 02/08/05.
Now lawyer has made a request to cancel the second I485 receipt. Would I gain some time based on prior RD of 11/04?

Also, will USCIS refund the fee for the second I485.
 
RD vs ND

Hi
Thanks for your reply.
Would I get any time gain based on RD of Nov 2004 instead of end of Dec 2004?
However the ND on RD of Nov 2004 is later than that of ND of RD of end of Dec 2004.
 
No, it is 99% likely you will not gain any time. Each application is different and each immigration officer style of work is different. IMHO less than 2 month gap is not that great to have significant effect on processing time.
 
man123 said:
Hi
Thanks for your reply.
Would I get any time gain based on RD of Nov 2004 instead of end of Dec 2004?
However the ND on RD of Nov 2004 is later than that of ND of RD of end of Dec 2004.
Click to expand...

RD is what matters not the ND. The processing dates that you see on the USCIS website is all based on RD. So nothing to worry. Actually speaking, your 485 RD of Nov or Dec is of very little significance as the processing of your 485 is based on your PD which is the date of the PD on the labor that you used (either yours or a subs. labor if you have used one).

So don't worry about the RD being Nov or Dec. But one thing that works in your favor is having a earlier 485 RD will enable you to invoke AC21 sooner if need be (if you have a 140 approval and passed 180 days on your 485 filing). Other than this, I don't see any other things.

Any other comments??
 
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