Can a person have two 485s at the same time??

R

royl66

Registered Users (C)
Hello Forum members,

I had a previous I-140 (eb3) that got approved, but due to retrogression I could not proceed with the I-485 based on it. In stead, I applied for a new labor certificate (eb2) and after it got approved I applied for concurrent I-140/485. Those two are still pending since Sept. 2006 :confused:

Now, with the new Visa Bulletin - my old (and approved) I-140 (eb3) is now current :D . My question: Can I submit a new I-485 based on that I-140(eb3) eventhough I have an already pending I-485 based on a different I-140 (eb2)??? And if so - do I need to do medical and fingerprinting all over again or can I count on that part to be covered by my other I-485 ??

Thank You !!!
(PS: I do NOT want to withdraw the I-485 that is based on the pending I-140(eb2) coz the eb3 category may retrogress again in the future, as the eb2 may, so I want to keep my options "open" and have two I-485s, being processed in parallel, based on two diff I-140s, based on two diff LCs from two diff employers, if possible...)
 
Can file two I-485...Not a problem

I have same senario like yours, except i have same employer but two different LC ( with different work sites) and one LC(EB3) I-140-PD-June-03 has been approved for second LC(EB2-PD-April-07) I-140 is pending.

According to my lawyer, we will file another I-485 with EB2-I-140 once its approved.

Also lawyer says, as per multiple I-485 filing is concerned, one will be automatically abandon by CIS once your any one of two I-485 gets approved first.




royl66 said:
Hello Forum members,

I had a previous I-140 (eb3) that got approved, but due to retrogression I could not proceed with the I-485 based on it. In stead, I applied for a new labor certificate (eb2) and after it got approved I applied for concurrent I-140/485. Those two are still pending since Sept. 2006 :confused:

Now, with the new Visa Bulletin - my old (and approved) I-140 (eb3) is now current :D . My question: Can I submit a new I-485 based on that I-140(eb3) eventhough I have an already pending I-485 based on a different I-140 (eb2)??? And if so - do I need to do medical and fingerprinting all over again or can I count on that part to be covered by my other I-485 ??

Thank You !!!
(PS: I do NOT want to withdraw the I-485 that is based on the pending I-140(eb2) coz the eb3 category may retrogress again in the future, as the eb2 may, so I want to keep my options "open" and have two I-485s, being processed in parallel, based on two diff I-140s, based on two diff LCs from two diff employers, if possible...)
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What's A#?

What's A#? I had the same question on a AOS questionnaire from a Lawyer firm. I replied None. (as i thought its a number issued to you once you get EAD, am I wrong?)


Eb-1A-TSC said:
it should be Ok as long as both 485 use the same A#. Otherwise, there may be some trouble.
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GCNaseeb said:
What's A#? I had the same question on a AOS questionnaire from a Lawyer firm. I replied None. (as i thought its a number issued to you once you get EAD, am I wrong?)
Click to expand...
--once you file I-485 then you get A# on I-485 filing reciept
 
Still confused...

Thanks for everybody's reply and thoughts. I'm still a bit confused coz I have talked with 3 diff attorneys and got 3 diff answers:

1. You CANNOT file more than one 485. If you try a second it will be rejected automatically.

2. You CAN file a second 485, but the INS will make you choose, at a certain time (don't know when), which one you want to proceed with..

3. You CAN file a second 485, both will be processed independantly, and whichever gets approved first - only THEN the second will be cancelled.

I guess the third option is what most of you are saying but I was hoping to hear from someone who actually has dual 485s pending to share their experience..

Also - do you need to do biometrics/fingerprinting all over again or can you reffer to the one already done 9 months ago?

Regarding the A# - why is it a problem if you leave it blank and let INS complete it?

THANX>>>
 
royl66 said:
Thanks for everybody's reply and thoughts. I'm still a bit confused coz I have talked with 3 diff attorneys and got 3 diff answers:

1. You CANNOT file more than one 485. If you try a second it will be rejected automatically.
-------------------wrong info, nothing in law prevents you filing second I-485
2. You CAN file a second 485, but the INS will make you choose, at a certain time (don't know when), which one you want to proceed with..
---------------------USCIS will not ask you to CHOOSE, if any I-485 gets approved then second will be denied
3. You CAN file a second 485, both will be processed independantly, and whichever gets approved first - only THEN the second will be cancelled.
--------------------that is correct
I guess the third option is what most of you are saying but I was hoping to hear from someone who actually has dual 485s pending to share their experience..

Also - do you need to do biometrics/fingerprinting all over again or can you reffer to the one already done 9 months ago?
--------------if you file second I-485 you will get second I-485 FP but if second I-485 form has your A# on that then they may not send FP notice again and will match with A#, DOB
Regarding the A# - why is it a problem if you leave it blank and let INS complete it?
-------------you will have two A# and at the time of citizenship all files have to be put in one folder and USCIS has to serch data with your name, DOB and it delays the process. if you have A# write on your second I-485 form why the USCIS will write your A# on that and why you need to leave it blank if you have A#??

THANX>>>
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