Multiple 485s possible if I-140 is revoked?

[gxr]

Applicant 1 (Wife): EB3 PD July 2006, I140 revoked, 485 filed and working on EAD
Applicant 2 (Husband): EB2 PD July 2006, Working on H1

If PDs for EB2 become current in the next few months for a PD of July 2006 (Applicant 2), Would it be possible for Applicant 2 to file I-485? This will have both 485s active. Not sure how USCIS will handle this. I have seen posts that claim that both applications can be revoked and that seems a scary scenario.

Any guidance would help..

gxr

 

[Jackolantern]

If for applicant #1 the I-140 was revoked, the I-485 would be voided and she would be in the US illegally.

So I'm going to conclude the I-140 was not actually revoked, but the employer asked USCIS to revoke it and she counteracted that with AC21 documentation.

Once the PD for #2 is current, a new I-485 can be filed for #2 as the primary and #1 as the derivative. So if #2 already has a derivative I-485 tied to #1, both of you would then have a primary and derivative I-485 tied to each other.

 

[gxr]

If for applicant #1 the I-140 was revoked, the I-485 would be voided and she would be in the US illegally.

So I'm going to conclude the I-140 was not actually revoked, but the employer asked USCIS to revoke it and she counteracted that with AC21 documentation.

Once the PD for #2 is current, a new I-485 can be filed for #2 as the primary and #1 as the derivative. So if #2 already has a derivative I-485 tied to #1, both of you would then have a primary and derivative I-485 tied to each other.

Your conclusion on I-140 revocation is correct. It was revoked by employer.
My main questions are:
- Is it ok to have two 485s - One as primary and one as derivative? There have been conflicting arguments on maintaining 2 485s.

 

[Jackolantern]

Your conclusion on I-140 revocation is correct. It was revoked by employer.

No it was not revoked by the employer. Employer *requesting* revocation doesn't mean it was revoked. If they actually revoked it, USCIS would have denied the I-485. When USCIS receives the revocation request they don't revoke it immediately, they give the applicant a chance to respond re AC21 and then they don't revoke it if the applicant provides the necessary information.

My main questions are:
- Is it ok to have two 485s - One as primary and one as derivative? There have been conflicting arguments on maintaining 2 485s.

Yes it is OK, although it may confuse USCIS sometimes.

 

[gxr]

No it was not revoked by the employer. Employer *requesting* revocation doesn't mean it was revoked. If they actually revoked it, USCIS would have denied the I-485. When USCIS receives the revocation request they don't revoke it immediately, they give the applicant a chance to respond re AC21 and then they don't revoke it if the applicant provides the necessary information.


Yes it is OK, although it may confuse USCIS sometimes.

For clarity, Employer requested Revocation. USCIS revoked it. 485 was wrongfully denied without a NOID or RFE... Already passed 180 days on 485 (with approved I140), but still 485 was denied. Filed MTR and got case back on track..