You can't file both at the same time for the same underlying petition. Filing I-824 will cancel the existing I-485, and vice versa.
This is exactly what I wanted to know...
Filing 824 will cancel I 485 for the same petition...
Thanks Jack.
Hello Jack,
Thanks for the reply ... May be I am not putting up question clearly.
I guess my question is.. Can I file I 824 and I 485 at the same time...?
Both are employment based PD..Sorry I mentioned I 130 here ...
I know there is not much sense in doing so ... But I want to know...
Hello Jack thanks for the response...
I wanted to file I-130 and then I 824 so that I can use my PD of employment base and not family based ?
I know it won't make whole lot of sense...But I want to know If I can do that...
Thanks Jack...for the reply..
I am a permanent resident..It is tied to my GC Process employment based..She did not get the approval when PD was current last time but mine got approved..
But we filed I-485 separately..
But I really want to start I130 and I 824 eventually let me know if that's...
I already filled my wifes I1485 employement based..
I also want to to file 1-130 so that when her priority dates becomes current and if for some reason they do not approve the I 485 then they might call her for the consular processing in India...
Basically I want to file both so that I have...
You are absolutely right ? How does it matter if its 3 year or 10 year? She is facing the bar and we are in deep trouble...
Just believe me it matters for the *purpose* I asked the question.
I just wanted to confirm that "because of the improper file. My spouse accrued unlawful presence."...
Thanks Jack for your response..
I know after the denial it is all "Unlawful Presence"..
But for the duration of the filled application, which is ultimately denied because it was improperly filled should accrue "Unlawful presence"?
So just a day after the denial, she accrued "Unlawful...
This is question about unlawful status and unlawful presence.
I am a permanent resident and my spouse's green card was denied because her PD was not current at the time of filling.
Now her AOS application was employment based and was filled in 2005 and got denied in 2009 almost after 4...
Thanks for the reply but my spouse GC was Denied and she already accrued around 140 days of unlawful presence and so out of status. Now if her dates becomes current today ... can we submit her I 485 again..
_____________________Read the shusterman...
Can I file I 485 for the spouse, If spouse is in US without Status and dates are current?
Spouse is legal in the country but no status i.e. no H1 or any other visa.
Is there a written requirement somewhere, which states that in order to file I 485 for a person in US should have a valid...
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