Can I file employment I-485 when the marrige I-485 is pending?

[marry_joey]

I am holding H1-B visa. I have filed whole package through marriage base. And I have got EAD and travel document approved. But my I-130 and I-485 are still pending. Since my I-140 is approved, can I file another I-485 through my employer just in case that the marrage-base I-485 were denied? Is this allowed? Will the second I-485 affect the first one?
If it's ok to file the second I-485, can I also file EAD and travel document? Thank you.

 

[Jane Green]

Hi!
Yes you can file second I-485 even if you have one pending already.
Although, marriage based I-485 generally is quickest way to get GC, then employment based.
So unless you are not 100% sure your marriage is solid and will last for at least another two years,
I wouldn’t do it.

 

[diavon]

Yes. You can file both. They will be completely unrelated and parallel processes.

 

[GCTakesTooLong]

Hi Jane Green or Diavon,

Do you know of cases with multiple 485 filings that have been approved? My lawyer told me that only one 485 is allowed. My employment based 485 is pending and I am eligible to file family based 485 now. They told me that if I file the second one, the first one will be cancelled.

In the cases that you know, was the second one approved or the first one approved first? I wonder if CIS automatically cancels the first one once they receive the second one, without telling the applicant.

Thank you.

 

[Jane Green]

From what I know there are no any current lows banning you from filing a second I-485, or have two pending at the same time, as long as you paid correct fees for each and meet all illegibility requirements.
I have two I-485 pending in two different Service Centers. When I filed my second I-485 I provided all necessary information about my first one. Even a copy of receipt, dated back in 2001.
So far nothing happened to my first petition, still pending.
INS doesn’t cancel people’s petitions automatically. They only do it at the time of adjustment, if they decide you are not illegible for an approval.
I have to withdraw my first I-485 myself and I can do it whenever I want, but I rather wait till my second gets approved first.

P.S. I don’t know anybody who got approved having two applications pending, but there are more people on this board, who filed more then ones, and with all that backlog I think we’ll see even more people doing so.

 

[GCTakesTooLong]

Thanks Jane Green.

Does family-based EAD expire in one year like employment based ones do?

Do you know how fast Chicago CIS is processing family based 485?

 

[Jane Green]

>>>Does family-based EAD expire in one year like employment based ones do?

yes

>>>Do you know how fast Chicago CIS is processing family based 485?


https://egov.immigration.gov/cris/jsps/officeProcesstimes.jsp?selectedOffice=18

 

[GCTakesTooLong]

Alien Number

Jane Green,

I was filling out my second 485 form and found out that you need to provide the Alien number. They could find out through the Alien number or Social Security Number that a person has two 485 pending. Is this a concern? Thanks.

 

[Jane Green]

Yes

Jane Green,

I was filling out my second 485 form and found out that you need to provide the Alien number. They could find out through the Alien number or Social Security Number that a person has two 485 pending. Is this a concern? Thanks.

Not only that, but there is also a question on I-485 : “have you ever applied for a GC before. If yes then when and where and the finial disposition”
You have to be truthful with INS. They will find out, one way or another and it’s better to be from you.
While reading old post from other people on this board, I learn that INS usually gives a hard time to applicants, who applied before and then reapply again later, but didn’t stated that on their new I-485.
Even if the old application was canceled for any reason, INS still wants to know if you ever before applied. They all (people, who wrote those massages) got adjusted.
When I filed my second I-485 I provided them with my receipt number, the notice date and the copy of my first pending I-485, among other supporting documents. I also typed a personal letter and attached to my application.
So far – I still have two pending I-485, in two different categories and two different service centers and none of then contacted me yet. I am sure I will have to answer bunch of silly questions during my adjustment interview, but I am ready. I keep track of every document, receipt or a letter I get from INS, I keep a file full of copies of every applications I ever filed with INS during all these years of waiting.
Good luck to you and please write me back how it goes with your application.

 

[GCTakesTooLong]

Thanks Jane Green. I think I am just going to use AC21. If AC21 does not get approved (because the new job description may not be the same as the old), then I will submit the family-based 485.

Another question - Is the employment EAD good for a year regardless of the approval of AC21 or does it terminate if AC21 is denied? In other words, if I change employer and file for AC21, but AC21 is denied, I plan to submit my family based 485 and EAD. Before the family EAD is approved, can I still work for the new employer using the old EAD?

Thanks again for your answers. You are the best!

 

[Jane Green]

Thanks Jane Green. I think I am just going to use AC21. If AC21 does not get approved (because the new job description may not be the same as the old), then I will submit the family-based 485.

Another question - Is the employment EAD good for a year regardless of the approval of AC21 or does it terminate if AC21 is denied? In other words, if I change employer and file for AC21, but AC21 is denied, I plan to submit my family based 485 and EAD. Before the family EAD is approved, can I still work for the new employer using the old EAD?

Thanks again for your answers. You are the best!

I am not familiar with AC21, I’ll let somebody else answer that.

 

[GCTakesTooLong]

Hi Jane Green,

How are your 485 going? Please keep me posted. Thanks.

 

[Jane Green]

Hi Jane Green,

How are your 485 going? Please keep me posted. Thanks.

Hello!
Mine I-485 still pending and so does the first one.
About 14 more months to the AOS interview.
How are you doing? Filed your marriage based application yet?
JG

 

[GCTakesTooLong]

I haven't filed the family based yet (actually mine is based on parents, not marriage). I am thinking about filing for it though since there is no progress on the employment side yet. I will let you know.