2 485 applications from 2 different employers - Help!

J

java2king

Registered Users (C)
Is it allowed to have 2 different 485 applications pending from 2 different employers?

My former employer is continuing my application and my current doesn't want to use AC-21 and has filed for PERM (which will get approved in a week) and wants to pursue 140/485 simulataneous if all the new bills get passed?

What are the expert opinions?

cheers,

j2k
 
java2king said:
Is it allowed to have 2 different 485 applications pending from 2 different employers?

My former employer is continuing my application and my current doesn't want to use AC-21 and has filed for PERM (which will get approved in a week) and wants to pursue 140/485 simulataneous if all the new bills get passed?

What are the expert opinions?

cheers,

j2k
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New bill won't be passed overnight. It's going to take months before gets into effect after becoming law (after president signs).
 
An attorney in this forum addressed that issue a week ago. Basically, having 2 I-485 filed is very unwise. It will consude the USCIS and potentially cause more problems for you. Also, you are then taking 2 2 visa numbers, meaning you are the cause more even more retrogression. 2 I-485 should just not be filed. It will NOT help your case whatsoever unless extraordinary circumstances for example spouse files a I-485 and one of you is in the process of losing your job, so the second filed I-485 is a security measure.
 
An attorney in this forum addressed that issue a week ago. Basically, having 2 I-485 filed is very unwise. It will confuse the USCIS and potentially cause lots of problems for you. Also, you are then taking 2 visa numbers for 1 person, meaning you are the cause of even more retrogression. 2 I-485 apps. should just not be filed. It will NOT help your case whatsoever unless extraordinary circumstances for example spouse files a I-485 and one of you is in the process of losing your job, so the second filed I-485 is a security measure.
 
bjorn said:
An attorney in this forum addressed that issue a week ago. Basically, having 2 I-485 filed is very unwise. It will consude the USCIS and potentially cause more problems for you. Also, you are then taking 2 2 visa numbers, meaning you are the cause more even more retrogression. 2 I-485 should just not be filed. It will NOT help your case whatsoever unless extraordinary circumstances for example spouse files a I-485 and one of you is in the process of losing your job, so the second filed I-485 is a security measure.
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Since Green card is issued only once He will not claim two visa numbers. Many people have applied two I-485 s before and still doing it. That is perfectly alright.
The only potential problem I think of is about the intents. Through out green card process ( or at least until you are eligible to use AC-21) you need to have the intent of joining your employer. By applying second I-485 you are proving that your intent is changed. This may cause problem to one of the pending I-485 if not both.

Just apply for I-140. I would use AC-21 rather then filing all fresh.
 
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My understanding is that the USCIS and DOS uses the number of I-485 applications when projecting the cut-off dates in the visa bulletin. Because the USCIS likely will not match 2 different I-485 filings with the same person, they will believe there are 2 separate persons filing the I-485 and report that to the DOS who will then use that when doing the next visa bulletin, meaning that there are actually only 1 person behind 2 applications, which the DOS obvously does not know about, so 1 visa number is set aside for each application, ending up with 1 person having claimed 2 visa numbers, taking a visa number away from someone else, causing more retrogression.
 
bjorn said:
My understanding is that the USCIS and DOS uses the number of I-485 applications when projecting the cut-off dates in the visa bulletin. Because the USCIS likely will not match 2 different I-485 filings with the same person, they will believe there are 2 separate persons filing the I-485 and report that to the DOS who will then use that when doing the next visa bulletin, meaning that there are actually only 1 person behind 2 applications, which the DOS obvously does not know about, so 1 visa number is set aside for each application, ending up with 1 person having claimed 2 visa numbers, taking a visa number away from someone else, causing more retrogression.
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It goes by A#. One person will have one A#.
 
attorney's advice

tammy2 said:
It goes by A#. One person will have one A#.
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Yes, my attorney noted the same, he said that my current A# would be used while filing 140 and 485 with my current employer and if one of the 485's gets approved, I would have to withdraw the pending one. They do not want to use AC-21 at this point of time..seems that they feel AC-21 is only going to delay my current 485 and is no guarantee of success. With a new PERM, they at least have an avenue of pursuing the case through the end.

Now I wonder, what happens if my current 485 is approved and I don't go to work for the employer who sponsored me, those guys don't care, and have told me that my case is between the lawyer and me and are not interested in getting me back to work for them...
 
java2king said:
Yes, my attorney noted the same, he said that my current A# would be used while filing 140 and 485 with my current employer and if one of the 485's gets approved, I would have to withdraw the pending one. They do not want to use AC-21 at this point of time..seems that they feel AC-21 is only going to delay my current 485 and is no guarantee of success. With a new PERM, they at least have an avenue of pursuing the case through the end.

Now I wonder, what happens if my current 485 is approved and I don't go to work for the employer who sponsored me, those guys don't care, and have told me that my case is between the lawyer and me and are not interested in getting me back to work for them...
Click to expand...

If you apply the Labor now with Priority dates in 1998 you will not be able to apply I-485 for at least another three years.

Do not touch the current case. Just file the AC-21 with some other attorney. Since your first employer is ready to support you just keep the case going. Ask your attorney why you can't use AC-21
 
I only can imagine that your lawyer can make a lot of money by filing another application. This is why the lawyer persuade you to file another. The green card process is not a one-week work even by Perm, it's cost, painful.
 
got an answer...

If you file 2 I-485's, it takes up only one A#, you mention the A# that you received with your first, and then you have 2 485's pending.

There are no regulations against filing 2 I-485's, even if they are both employment based. In fact, there are many, many cases where people have 2 I-485's pending, one employment based and one family based (spouse).
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Of course, I am not an attorney and you don't need to read my posts ;)
 
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