2 concurrent AOS applications

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BlueOysterCult

Registered Users (C)
Gurus,

Need your help.

Situation:

1) My company is getting ready to file my 140/485 concurrently as well as my wife's 485
2) At the same time, my wife's company is also getting ready to file her and my 485
3) Same thing with EAD: both my and my wife's companies are willing to file for my and my wife's EAD's

Question:

1) Is it legally okay to have 2 pending 485 applications for the same person?
2) Is it legally okay to have 2 pending EAD application for the same person?
3) What happens to the other company's application (485 and EAD) when one of the apps (485 and EAD) gets approved before the other one?
4) What happens if both the companies' 485 (and EAD) apps get approved at roughly the same time?

Your response/experience is highly appreciated.
 
As far as my understanding, you cannot file 2 AOS. You can file many I140 but not I485. Now you have to choose between these 2, which 1 to go for?
 
BlueOysterCult said:
Gurus,

Need your help.

Situation:

1) My company is getting ready to file my 140/485 concurrently as well as my wife's 485
2) At the same time, my wife's company is also getting ready to file her and my 485

---------------- nothing wrong with that
3) Same thing with EAD: both my and my wife's companies are willing to file for my and my wife's EAD's

Question:

1) Is it legally okay to have 2 pending 485 applications for the same person?
------yes
2) Is it legally okay to have 2 pending EAD application for the same person?
------yes, but why to file second EAD? EAD based on any I-485 is valid
3) What happens to the other company's application (485 and EAD) when one of the apps (485 and EAD) gets approved before the other one?

------once I-485 for you or your spouse gets approved then the second pending I-485 will be denied
4) What happens if both the companies' 485 (and EAD) apps get approved at roughly the same time?
---------- one cant have two I-485 approved, you will get only one I-485 approved
Your response/experience is highly appreciated.
Click to expand...

*** first let your employer or your wife employer file I-140, I-485, EAD. once you get I-485 filing reciepts then file the second I-485. The reason is that you will get your A# on I-485 filing reciepts. on second I-485 forms write the A# so that USCIS knows you have other pending case. if your/your spouse employer file I-140 after you get A# then write that A# on I-140 form and new I-485 forms, once you get I-485 filing reciepts inform the Lawyer who is going to file I-140 or I-485 so that he can write your A# on forms. if you dont write A# then you may have dual A# created for you and you spouse and it will delay the I-485 approval for few days and will also create delay at the time of citizenship as they will need all files with dual A# .
 
ginnu said:
*** first let your employer or your wife employer file I-140, I-485, EAD. once you get I-485 filing reciepts then file the second I-485. The reason is that you will get your A# on I-485 filing reciepts. on second I-485 forms write the A# so that USCIS knows you have other pending case. if your/your spouse employer file I-140 after you get A# then write that A# on I-140 form and new I-485 forms, once you get I-485 filing reciepts inform the Lawyer who is going to file I-140 or I-485 so that he can write your A# on forms. if you dont write A# then you may have dual A# created for you and you spouse and it will delay the I-485 approval for few days and will also create delay at the time of citizenship as they will need all files with dual A# .
Click to expand...
Thanks ginnu, simranb. Now I have an idea about how to proceed with multiple filings.
 
Yes, you can do that legally. My husband and I have 2 different I-485s sets (based on our respective I-140) in Vermont with the same A number. I wouldn't say it went without a confusion. 3 months after we filed our second set of I-485s, they administratively closed this second set, stating that those are duplicates. They didn't tell us about it (!!!). We found out while inquirying about my I-485. It took us endless phone conversations with Vermont to persuade them to reopen the second set, stating that it is based on totally different I-140.
Just watch and monitor their every move! Good luck!
 
Mette said:
Yes, you can do that legally. My husband and I have 2 different I-485s sets (based on our respective I-140) in Vermont with the same A number. I wouldn't say it went without a confusion. 3 months after we filed our second set of I-485s, they administratively closed this second set, stating that those are duplicates. They didn't tell us about it (!!!). We found out while inquirying about my I-485. It took us endless phone conversations with Vermont to persuade them to reopen the second set, stating that it is based on totally different I-140.
Just watch and monitor their every move! Good luck!
Click to expand...
Thanks Mette for the heads-up on what to expect.

I have follow-on questions for you helpful folks: ginnu pointed out and I agree that it is unnecessary to file 2 EADs for the same person but suppose we do.

1) When the EADs do come through, will they have the same A# for the same person because the older application's A# was quoted in the newer app?

2) If one EAD comes through, can the attorney ask USCIS to withdraw the second EAD app?

Thanks in advance.
 
BlueOysterCult said:
Thanks Mette for the heads-up on what to expect.

I have follow-on questions for you helpful folks: ginnu pointed out and I agree that it is unnecessary to file 2 EADs for the same person but suppose we do.

1) When the EADs do come through, will they have the same A# for the same person because the older application's A# was quoted in the newer app?
-------yes
2) If one EAD comes through, can the attorney ask USCIS to withdraw the second EAD app?
-------- then USCIS is not going to return the fees and why to withdraw if paid the fees? what you are going to achive by withdrawing second EAD? why to second file EAD? you can have two EAD nothing wrong with that
Thanks in advance.
Click to expand...
 
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Just a suggestion

Just a suggestion if you like it.

File I-140/I-485/EAD/AP through one employer and file only I-140 through another and then watch to see which I-140 is approved first, if latter one is approved earlier you can always go to file another set of I-1485.
This will avoid the confusion at USCIS.
 
Thanks ginnu.

I have an H1 extension until 2009 so I don't really need an EAD. But my wife is on H4 and she got an offer from a hospital to work as an RN. Her employer is going to file for her PR and since they want her to start right away, they are going to file for her EAD.

On the other hand, the primary reason my company is filing 140/485 concurrently for me is because I told them that without filing 485, my wife can't get EAD and she can't work. This was true when I told them, my wife got an offer afterwards. So now I cannot go back and tell my company that my wife will get an EAD from her employer because then they won't go for concurrent filing. And I really want to file concurrently because I have an opportunity to do so and to shield myself from the retrogression stuff (I have been burnt by it already.)
 
jazzyb said:
Just a suggestion if you like it.

File I-140/I-485/EAD/AP through one employer and file only I-140 through another and then watch to see which I-140 is approved first, if latter one is approved earlier you can always go to file another set of I-1485.
This will avoid the confusion at USCIS.
Click to expand...
Hi jazzyb,

My wife falls under the Schedule A category. I am EB2 Worldwide. PD's for both of us are current and we are eager to avail of it. I was EB3 in the past when the retrogression mess started. And I definitely don't want to see it again if I could avoid it. Hence, the urgency in filing.
 
BlueOysterCult said:
Thanks ginnu.

I have an H1 extension until 2009 so I don't really need an EAD. But my wife is on H4 and she got an offer from a hospital to work as an RN. Her employer is going to file for her PR and since they want her to start right away, they are going to file for her EAD.

On the other hand, the primary reason my company is filing 140/485 concurrently for me is because I told them that without filing 485, my wife can't get EAD and she can't work. This was true when I told them, my wife got an offer afterwards. So now I cannot go back and tell my company that my wife will get an EAD from her employer because then they won't go for concurrent filing. And I really want to file concurrently because I have an opportunity to do so and to shield myself from the retrogression stuff (I have been burnt by it already.)
Click to expand...
-------------- then file EAD for both of you with your I-485 and also let her employer file for her I-140, I-485 EAD AP.

** FYI USCIS is going to stop Concurrent I-140 and I-485 filing. They have plan that I-485 should be filed only AFTER I-140 gets approved.
 
Can any one please clarify my following questions?

Is it allowed on the same approved I-140 for the same person to file:

1. 2nd I-485 when 1st I-485 is pending?
2. 2nd I-485 when 1st I-485 is denied?
3. 2nd I-485 when 1st I-485 is withdrawn?

Please note, in all the above cases we want to use the same approved I-140 for the same person.

Thanks,
 
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