2nd I-485 Pending

G

ginnu

Registered Users (C)
Some one asked in this thread that if one can have 2nd I-485 pending and someone replied that one cannot have second I-485 pending, one should have only one I-485 pending
Here is info from Lawyer ALLEN E. Kaye of NYC here is what he said

"It is OK to have two 485s pending at once, as long as they are based on separate LCs. It is also OK to have a 485 pending and consular processing pending. In general, consular processing is riskier than adjustment of status and we normally recommend adjustment of status, especially if the client has any concerns about the security of her job."
 
Ginnu,

Thanks for this imp info. You have been proactive on providing this information.

I am in a similar situation.

In my case there are have been 2 485 petitions filed.One by wife's employer and other by my employer.Both in VSC. I have received contradictory opinions on this earlier.My wife's attorney opined that it is OK whereas my attorney said that not possible(infact he did not include my wife in the 485 petition, though I protested).
 
Thanks for this imp info. You have been proactive on providing this information.

I am in a similar situation.

In my case there are have been 2 485 petitions filed.One by wife's employer and other by my employer.Both in VSC. I have received contradictory opinions on this earlier.My wife's attorney opined that it is OK whereas my attorney said that not possible(infact he did not include my wife in the 485 petition, though I protested
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1 With your wife your I-485 is of derivative status and based on LC and I-140 that was approved for her
2 Your employer filed LC and I-140 for you and then you filed I-485 and your wife I-485 is derivative status with you
Your wife’s attorney was right
Your attorney was not well informed;( or may be attorney from employer side) you should have filed your wife I-485 with you.
Just for example: if your wife’s I-485 is denied due to any reason then your derivative I-485 will also be denied but if she has pending I-485 based on your I-485, then she has pending I-485 and can get GC with your I-485 approval, if she does not have pending I-485 then if something bad goes with her I-485 then she will have no I-485 pending, still you can file I-485 for her with your I-485 receipt notice.

You could have filed one case for CP and other for AOS, that way you should have both the options as CP takes less time.
Other Example:
I know a person who worked with company X and LC, I-140 were approved for company X and I-485 was filed in VSC, but due to some reasons he was forced to leave company X, his I-485 is still pending more than 180 days but past employer revoked I-140 after filing of I-485, his I-140 was revoked after 150 days, but I-485 is still pending more than one year, he got EAD, AP based on that, but never used EAD or AP. As nothing is clear for the use of AC21, due to lack of final regulations and this kind of case is not addressed in AC21 law, so as a back up

He joined new employer Y by H1 transfer, filed new LC as back up, and I-140 also cleared for this employer Y. Attorney of Company Y filed his I-485 with CSC (employer head office in CA)
It means he has 2 I-485 pending with the same A#, same name with different service centers
Now he has a choice, his lawyer can draft a letter to VSC that the pending I-485 with VSC should be approved based on new employer I-140 (no AC21 is this scenario as his new employer I-140 will be attached to pending I-485 with VSC and he can capture old PD of I-485).
If any problem with VSC I-485 (very unlikely) then his new I-485 is pending with CSC that will be approved (no AC21)

The above cases are filed by very reputed lawyer, so one can have 2 I-485 pending at the same time, you have only to pay extra to lawyer for second I-485 as lawyer fees and BCIS fees, nothing illegal in that, one is allowed to have 2 I-485 pending parallel based on different LC, I-140.
To this person a different attorney gave the opinion that no need to file second I-485 with CSC, lawyer said that new approved I-140 can be attached to pending I-485 with VSC, the person said if that I-485 is denied before you send new approved I-140 to be attached then what?
Lawyer did not have answer and filed second I-485
 
CP timeline?

hi ginnu:

since you mentioned in the above mail that CP is faster, can you please give me a quick idea how long it takes from end to end and what steps are involved?

thanks
winner
 
Please go to www.immihelp.com and find about CP

Once I-140 is approved your file is sent to NVS( National Visa Service) and they send your file to Consulate and consulate gives you your Interview dates.

forI-140 approval it depends on diffrent service centers, you can look at diffrent srvice center processing times, how much time they are taking. Once I-140 is approved expect 5-8 months for consular interview
or go with AC-140( Attorney Certified I-140 pakage) that you can send directly to US consulate if Case is accepted by consulate they email your lawyer in 6-8 days after they recieve the pakage.
If you have any concern loosing the job after I-140 approval then AOS is better.
even if you file I-140 with CP option still you can do AOS
go to www.immihelp and read CP and AOS. you will find more info.
 
Last edited by a moderator:
CP and AOS simaltaneously

Dear Friends,
I would like to have input from experience of you folks. My situation is that I had I140 (NIW) approved and subsequently filed AOS pending since September 2002. Now I got another I 140 (LC based) approved recently. I have opted for CP at New Delhi for this I140. I would like to know that:
1. Does applying for CP automatically terminate pending AOS petition?
2. Could I renew current EAD and AP pending current 485 while pursuing CP on second I-140?
3. Is there any consequence to my existent AOS petition if I do not appear in a scheduled CP interview?
4. I have a valid H status but my visa has expired. If for any reasons if green card is denied on Consular Processing, could I enter US on my current AP and continue to pursue AOS petition or the embassy would cancel my AP also in that event?
5. I have worked in Iran (1991-93) and United Arab Emirates (1994-95). I have no connections left in those countries whatsoever. Would I be required to get Police Clearance from those countries?
I would greatly appreciate your responses.

nch
 
Dear Friends,
I would like to have input from experience of you folks. My situation is that I had I140 (NIW) approved and subsequently filed AOS pending since September 2002. Now I got another I 140 (LC based) approved recently. I have opted for CP at New Delhi for this I140. I would like to know that:
1. Does applying for CP automatically terminate pending AOS petition?
--- NO, you are allowed to file I-140 for CP based on different LC, your AOS or pending I-485 will not be affected, once you get GC through CP pending AOS will automatically becomes void and if AOS or your I-485 is approved first and get GC stamp no need of CP
2. Could I renew current EAD and AP pending current 485 while pursuing CP on second I-140?
-------YES
3. Is there any consequence to my existent AOS petition if I do not appear in a scheduled CP interview?
--- No effect, but why you should avoid CP interview if it comes before I-485 approval? You will get GC faster by going for CP interview, If you have any other issues I don’t know

4. I have a valid H status but my visa has expired. If for any reasons if green card is denied on Consular Processing, could I enter US on my current AP and continue to pursue AOS petition or the embassy would cancel my AP also in that event?
--- You should have valid AP and can enter on AP
5. I have worked in Iran (1991-93) and United Arab Emirates (1994-95). I have no connections left in those countries whatsoever. Would I be required to get Police Clearance from those countries?

---- May be, ask your lawyer for the update info.
I would greatly appreciate your responses.

nch
 
ginnu,

Thank you very much for taking time to respond to my queries. Best of luck for your case.
 
ginnu

It is not allowed to have two I-485's filed for the same beneficiary. I checked with my lawyer.

It's a different matter if husband works for one company and wife works for another and I-485's are filed seperately as long as both the names are not included together in either of I-485 petitions.
 
My lawyers concurs with what ginnu quoted immigration attorney Allen Kayes. Although my lawyers mentions that law is not absolutely clear in this area. I am going for it although a bit apprehensive about it. Does your lawyers say that one can not file parallal AOS and CP processing on the basis of 2 separate 140s ?
 
gcard2002:




“ It is not allowed to have two I-485's filed for the same beneficiary. I checked with my lawyer.”

---- If company A filed LC got approved then filed I-140 and I-485
Company B filed LC got approved filed I-140 and I-485 it is OK
You can have 2nd I-485 pending at the same time.
Ask your lawyer to cite the law/regulation that prevents one filing for second I-485.
You will get the answer “ generally we don’t file if other I-485 is pending” ask him to provide law that prevents filing second I-485 if it is based on different employer LC and I-140. One is allowed to have 2 I-485 pending if they are based on different employer LC and I-140

you can search the threads many have second I-485 filed while the earlier is pending or filed
 
On Immigration.com It is said that once I-824 is received BCIS thinks that I-485 is abandoned. How does it works If two filings are based upon different labor but for same person (A number) ?
 
Originally posted by tammy2
On Immigration.com It is said that once I-824 is received BCIS thinks that I-485 is abandoned. How does it works If two filings are based upon different labor but for same person (A number) ?
Click to expand...

The problem you have in this situation is that you can only intend to work permanently for one employer. In a world where there was common sense, BCIS/NVC would ask you to fish or cut bait, ie. decide which of the two offers of permanent employment you wish to pursue, and abandon the other.

Your mileage may vary.
 
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