applying I-485 from two different companies

D

desi_bunda

Registered Users (C)
Hi

I have this future employer who has filed my I-140 and will file I-485/EAD shortly (hopefully in next fewmonths).

My current company is about to file my I-140/1-485 in the next couple of months.

Now what I want to know that :-

1. Is it possible and legal for two companies to file I-485 for the same applicant?

2. If the above is possible then In case my future company was able to get the EAD quicker , I was hoping to quit my current company (who also may have filed I-485 by then) and join the future company.Now is that possible ?

3. If possible , then if I-485 through one company gets rejected then does it affect the I-485 filed through the second company.


Gurus , would appreciate your advice regarding this matter .

Thanks

Desi
 
Some well know attorneys are against applying two I-485s. The reason being the conflict of intents. For GC processing intent is every thing. While applying the I-485 you are essentially promising the employer that you are going to join him at certain point. So by applying two I-485 you will be promising two employers. It is like selling same asset to the two people. BCIS may think that as perjury. Moreover it is unnecessary expense.
 
Last edited by a moderator:
desi_bunda said:
Hi

I have this future employer who has filed my I-140 and will file I-485/EAD shortly (hopefully in next fewmonths).

My current company is about to file my I-140/1-485 in the next couple of months.

Now what I want to know that :-

1. Is it possible and legal for two companies to file I-485 for the same applicant?
---yes( nothing in the law says that you cant file two I-485 if based on diffrent LC and I-140)
2. If the above is possible then In case my future company was able to get the EAD quicker , I was hoping to quit my current company (who also may have filed I-485 by then) and join the future company.Now is that possible ?
----- The company does not file I-485 it is YOU who file I-485
3. If possible , then if I-485 through one company gets rejected then does it affect the I-485 filed through the second company.

---NO,
Gurus , would appreciate your advice regarding this matter .

*** if you have pending I-485 and get new employer I-1430 then you can substiture new I-140 with pending I-485( it will save your expences for new I-485, if you dont care about expences you can file second I-485)
* dont care about this Intent matter posted by other poster, Intent can be changed any time and employer has to shows the intent when filing I-40 for YOU, USCIS has no psychological test that the administer you or employer before filing any I-140 or I-485 and this intent is very difficlt to prove and does not stand any chance in court. many have filed TWO I-485, I know 2 cases that were approved, one is approved by NJ last month.
No problem do what you feel better

Thanks

Desi
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