2 485 applications - concerns, Need Advice

R

rmx

New Member
Hi Guys,

Needing some help from you about the situation I am in.

I am already having a EB2 485 pending (for a future employer) with PD 11/2001and RD 07/21/2006.

My current employer wishes to file for 485 too (EB3 with same pd as 11/2001), and the company attorneys say that its okay to have 2 485's pending. Per them, USCIS will come back at some point of time to ask which 485 we want to continue with.

Here are my concerns where I need help:

1. Will having 2 485 complicate the situation?
2. Does anybody know when does USCIS asks which 485 we want to continue with? Just before approving one of the 485s?

I tried to see if other routes such as AC21 instead of filing the second 485 with my current employer but the attorneys are not willing.

My primary focus is to get GC via which ever 485 is fastest , no matter which company (and then fullfill the employment requirements of the GC for that company). Secondly, I am trying to stay with my present employer as long as possible.

Did not know what all options I have at my disposal, thought I'd ask you guys.

I would be thankful for any advice that I get.
 
Hi there,
I am in a similar situation and consulted a lawyer about possibel complications. She said that there should not be any and USCIS will just ask you to pick which case you want to keep alive when they come to your application.
Hope that helps,
Houston_TX
 
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Multiple I-485 Filings Not Advisable
Source -MurthyDotCom
While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.
©MurthyDotCom
Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent
©MurthyDotCom
Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.
 
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