485 Application filed twice consecutively

H

H1Extention

Registered Users (C)
Hi All
Both me and wife's companies had filed for our labor certifications seperately. Although my wife's PD was 2 years earlier than my PD but because my labor got approved while we were still waiting for my wife's labor therefore my company filed my I-485 with my wife as my dependent on 07/28.

At this time my wife's labor also got approved as soon as my company filed our I-485. Now as I said my wife's PD is 2 years earlier than mine so we talked to the lawyers of my wife's company and asked them if we can file 485 once again with me as dependent this time and they said yes we can. Therefore we filed a 2nd 485 application and this time my wife was the main applicant and I was dependent.

I just wanted to find out if any such thing happened to anyone in this forum before or if anyone have any idea if this is OK and what needs to be done now, I know we need to cancel my I485 application but how is that done any ideas??? Gurus Please Help
 
friend in same boat

One of my colleague is in the same boat. The company lawyer has advised him that its completely ok to file 2 485 applications like this and he has done the same.
 
Labor expiration period?

My employer attorney said they can't file 2 I 485 application.but My labor got approved in may 2007 ,when will my labor get expired?If my labor expired in 6 months then i will try other attorney to file the application for I 485 since I want to use the H1B.
 
fine

I know someone who had similar situation. He got his GC thru his wife's EB case
as a dependent. So it is perfectly fine to file 2nd 485 as derivative
on your wife's 485.
I am not sure if your original 485 needs to be withdrawn in that case.
But looks like your lawyer will know what needs to be done.
Good luck!
 
Labor expiration period?

MATCHPOINT said:
My employer attorney said they can't file 2 I 485 application.but My labor got approved in may 2007 ,when will my labor get expired?If my labor expired in 6 months then i will try other attorney to file the application for I 485 since I want to use the H1B.
Click to expand...

Hi MatchPoint
As far as I know if I-140 is filed within 6 months of Labor Approval then Labor doesnt expires.
 
fine

gcckar said:
I know someone who had similar situation. He got his GC thru his wife's EB case
as a dependent. So it is perfectly fine to file 2nd 485 as derivative
on your wife's 485.
I am not sure if your original 485 needs to be withdrawn in that case.
But looks like your lawyer will know what needs to be done.
Good luck!
Click to expand...

Thanks alot GCCKAR thats a big relief to know.
 
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