Can I concurrently file two I-485s

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anjana140

Registered Users (C)
Can I concurently file two I-485 .
first one employer petitioned concurrent filing of I-140 and I-485 throuh an approved labor.
second one self petitioned concurrent filing of I-40 and I-485 through National interest waiver.
Can I apply for EAD on both of them.
Does this lead to any complications.
I do not want to go through consular processing.
senior members please respond.
 
anjana140 said:
Can I concurently file two I-485 .
-- yes
first one employer petitioned concurrent filing of I-140 and I-485 throuh an approved labor.
second one self petitioned concurrent filing of I-40 and I-485 through National interest waiver.
Can I apply for EAD on both of them.
-- yes
Does this lead to any complications.
-- mention the A# which you get from first on second.
I do not want to go through consular processing.
-- Perfectly fine - don't do it then.
senior members please respond.
Click to expand...
 
If you are dependent on an I485 for EAD and status, you might want to file a second I485.

If you are not dependent on that (e.g. through H1b), you can just file the second NIW I140 without a concurrent I485. If the employer based I140 AND NIW get approved, you can exchange one for the other giving you more job flexibility (you can keep the PD from the first petition).

While it is apparently now legal to file more than one I485 (this is what VSC and my lawyer told me), it might still not be advisable to do so. Between the multitude of FP notices, AP and EAD applications something is bound to get tangled up.
 
It is legal, but it is not advisable because USCIS officers will be confused. It will cause problems as USCIS will wonder why you file two 485s concurrently.
 
anjana140 said:
Can I concurently file two I-485 .
first one employer petitioned concurrent filing of I-140 and I-485 throuh an approved labor.
second one self petitioned concurrent filing of I-40 and I-485 through National interest waiver.
Can I apply for EAD on both of them.
Does this lead to any complications.
I do not want to go through consular processing.
senior members please respond.
Click to expand...

I had the same problem. i asked several lawyers. they all said that I only need one I-485, and multiple I-485s may cause a lot of troubles.
 
hadron said:
If you are dependent on an I485 for EAD and status, you might want to file a second I485.

If you are not dependent on that (e.g. through H1b), you can just file the second NIW I140 without a concurrent I485. If the employer based I140 AND NIW get approved, you can exchange one for the other giving you more job flexibility (you can keep the PD from the first petition).

While it is apparently now legal to file more than one I485 (this is what VSC and my lawyer told me), it might still not be advisable to do so. Between the multitude of FP notices, AP and EAD applications something is bound to get tangled up.
Click to expand...

Given two I485 pending, does USCIS need to figure out which i140 a specific I485 is attached to?
 
> Given two I485 pending, does USCIS need to figure out which i140 a specific I485 is attached to?

Concurrently filed I140/I485 packets stay together on the shelf and the same adjudicator processes I140 and I485.
 
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