Can anyone file two 485 at the same time?

[chiwaiter]

I filed I-485 in May,2001 (as the beneficiary), case get transferred to local office in Apr. 2002, still waiting for interview. My I-140 (EB3) petition get approved Aug.2002. Since still not sure when the interview can be scheduled, I want to go ahead to file another I-485 as the primary application, so can get 180 rule protection. Is that possible? Do I have to withdraw my first I-485 first? Thank you for your help!

 

[GCApplcnt]

From what I have heard, it is generally not a good idea to apply for I-485 more than once. Unfortunately I can't elaborate on this one, but you might want to take a look at this:

http://www.immigration-information.com/showthread.php?s=&threadid=1059&highlight=multiple+I485

Hope this helps

 

[140_takes_4ever]

chiwaiter,

Interesting situation. Here is my take on it. You cannot have 2 AOS pending at the same time, you will have to withdraw one, besides you don't need to worry about the 6 month AC21 act. You should be entitled to receive an EAD from your current 485 application, so can change jobs at will considering you are the beneficiary and not the primary applicant.

Instead with your approved 140, you should be going in for CP with your spouse as your beneficiary. Current trend indicates that there are more chances of receiving your GC through CP rather than AOS. Inspite of your AOS being filed 7 months prior to your CP.

That way you have multiple irons in the fire at the same time and whichever comes first you use, the other you can always withdraw.

Hope that helps, refer to www.murthy.com and check the previous chat transcripts where they discuss this issue. Also talk to you lawyer for legal advise.

Good luck!