2nd I 485

D

dududidi

Registered Users (C)
As I posted before, I filed I140 and I485 last September, then got laid off last October. Found a new job last December, filed new labor this April.
I asked my lawyer after I file my new I140 and I485, may I ask BCIS to use my new approved I140 for my old I485 once the new I140 is approved and old I485 is still pending?

His answer is I may ask BCIS to use new I140 for old I485 only if I do not file for second I485. He said if I file new I485, I can not make the above request.

He also said the regulation on using new I140 for old I485 was not clear.

Can anybody tell me what the law says? (please show me the links)
Thanks
 
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His answer is I may ask BCIS to use new I140 for old I485 only if I do not file for second I485. He said if I file new I485, I couldn’t make the above request.
------ Ask your lawyer to provide the law/regulation that supports his statement
He also said the regulation on using new I140 for old I485 was not clear.

Can anybody tell me what the law says? (Please show me the links)
--------- You have a lawyer and you are paying him ask him to provide the law/regulation or link it is the job of lawyer to provide you the link.

I know a case filed by well-known Lady lawyer from MD. One of my friends had 2 I-485 pending and after his second I-140 was approved lawyer wrote a letter to VSC that the earlier pending I-485 that had earlier PD should be approved on the base of new I-140 and case was approved in Feb 2003.
 
Hi dududidi,

It might be a while before your labor is approved and you apply for I-140 for the new case. However if you get lucky and receive an approved I-140 on your 2nd case, you do not need to file for a new I-485 but you should be able to substitute the old approved I-140 with your new approved I-140. I am not sure of the exact regulation but I haven't heard from any lawyers that is not possible or even risky.

The other thing that you can do right away is that once your I-485 is pending adjudication for more than 180 days, you can file for AC-21 and legally change employers. This is a very generic law and has no clearly laid out guidelines and hence open to a lot of interpretations. There is a very good chance that you existing I-485 will be approved on the basis of AC-21 and you wouldn't have to worry about the new Labor or I-140 at all.

Good Luck

Paras
 
somebody here posts that if BCIS finds two 485, they will automatically reject the one filed later? Is that true?

Thank you for your reply
 
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