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Already got DV GC, can I just do nothing towards pending I485 ( employment-basedcase?

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tobehard

Registered Users (C)
Already got DV GC. However, I have one pending I485 ( employment-based ), I was wondering if I could just do nothing about that pending I485? or I need to do

a. call USCIS to withdraw the case
b. write a letter with my pending I485 receipt along with my Gc , to withdwral the I485 case?
c. just do nothing
d. others?

pls advise
 
I was also exactly on the same boat like yours. When I talked to my attorney, he said that even if I do not do anything, the USCIS would deny I-485 application based on the fact that I am already a permanent resident. To simplify things, he recommended to withdraw the employment based I-485 application.
 
Has your check already been cashed?
If not, you can cancel it. Otherwise, it would make no real difference to you.

There are cases when this could be helpful though. In case you have a conditional GC already, and are waiting for a CP. Then you could get an unconditional one.
Or if you have dependents who were not your dependents when you got your first GC (and that is why they are not eligible for following-to-join benefits), and you want to bring them in.

But that works only if you have CP pending, not AOS.
 
tobehard said:
Already got DV GC. However, I have one pending I485 ( employment-based ), I was wondering if I could just do nothing about that pending I485? or I need to do

a. call USCIS to withdraw the case
b. write a letter with my pending I485 receipt along with my Gc , to withdwral the I485 case?
c. just do nothing
d. others?

pls advise
Click to expand...

You have the actual plastic? congrats.

They are supposed to (theoretically) "administratively close" it, which means it just goes away quietly. This will happen eventually (and may in fact have already happened). You will not get two GCs.

I would do nothing and go enjoy the summer. Who cares. Any contact just invites the possibility of their doing something incorrect.
 
This is what I got from a lawyer. For your information

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If you are granted a green card through the consular process due to your diversity lottery win, US CIS will find out that you have been granted the status when your case comes current and is pulled for review; and your I-485 employment-based case will be denied. It is, however, good form for you to send notification to US CIS informing them that you have already been granted lawful permanent resident status through the diversity visa program and that you wish to withdraw your currently pending application (and provide them with the receipt number and a copy of your new green card so they can track down that case). The notice is generally made by mail.
 
It seems to me that is his personal opinion which is not based on anything (regarding what is good for you). I do not see any real difference.
 
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