I filed an I-485 a few years ago and it is still pending. Since that I-485 had a little technical glitch (when I filed it, I left the original employer), I re-started another RIR process after I changed employer as a hedge. Now it is about the time that this new process will enter filing I-140 and I-485 again. I was wondering whether it has any negative impact if I file two LC-based I-485s with the USCIS. Or is it safe to have the original I-485 linked to the new I-140 after its approval. Thanks for any help from friends.
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2 similar I-485s
- Thread starter waiter13
- Start date
you cannot have 2 I-485s pending. First withdraw the old one before you file the new one. If you are on EAD consult an attorney as to the consequences of withdrawing the old I-485.
waiter13 said:I filed an I-485 a few years ago and it is still pending. Since that I-485 had a little technical glitch (when I filed it, I left the original employer), I re-started another RIR process after I changed employer as a hedge. Now it is about the time that this new process will enter filing I-140 and I-485 again. I was wondering whether it has any negative impact if I file two LC-based I-485s with the USCIS. Or is it safe to have the original I-485 linked to the new I-140 after its approval. Thanks for any help from friends.
---no need to withdraw the old I-485. one can have second I-485 pending if you file second I-485 then write your A# on the I-485 form . you can also interfile to new approved I-140 with pending I-485 and can request USCIS to approve the I-485 based on new I-140waiter13 said:Can I link the old I-485 to the new I-140 after it is approved?
------------yes you can
Having gone through name check, finger printing, etc., I am really reluctant to experience them again. Thanks.
"I filed an I-485 a few years ago and it is still pending. Since that I-485 had a little technical glitch (when I filed it, I left the original employer)"
------GC is for future job you dont need to be working for the employer at the time of I-485 filing, nothing wrong with that I-485. if I-140 is approved and I-485 pending more than 180 days and can get same/similar permanent job offer letter from new employer I will invoke AC21 and that will be fine.
also read :
PEARSON MEMO
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf
waiter13 said:Can I link the old I-485 to the new I-140 after it is approved? Having gone through name check, finger printing, etc., I am really reluctant to experience them again. Thanks.
You can link the old 485 but note that you will still have to go for FP and all other stuff as FP is only valid for 15 months.
Cheers,
Very good to know. Would that mean that an EAD based on that I-485 would remain valid while linking?
gcquest32 said:You can link the old 485 but note that you will still have to go for FP and all other stuff as FP is only valid for 15 months.
Cheers,
gc_2006 said:Very good to know. Would that mean that an EAD based on that I-485 would remain valid while linking?
---yes