If I-485 is rejected, fallback on second I-140?

vidyaram

Registered Users (C)
Hi
I have a 485 application based on LC and it has been stuck in namecheck for 4 yrs now. If this 485 gets rejected for some reason, is it possible to fall back on my I-140 for NIW(this I-140 is not approved yet but will be soon). I read somewhere that there can't be multiple I-485. If the first I-485 gets rejected, is it possible to apply for another I-485 through the I-140 for NIW?
Thanks
vidyaram
 
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I read somewhere that there can't be multiple I-485. If the first I-485 gets rejected, is it possible to apply for another I-485 through the I-140 for NIW?

That has apparently changed. You CAN have a second 485 pending.

If you are on a 'shaky' 485, it might be a good idea to have a second one cooking. If the I140 that the initial 485 was based on gets denied, that I485 and thereby your status and EAD go 'poof' and disappear into a cloud of white smoke.
 
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