can I file two 485 application

garyg

Registered Users (C)
Hi there:

Both me and my wife have approved I-140, can we submitt two 485 applications? since mine is EB3 and my wife's EB2, in case there is any retrogression, we have back up (provide one catergory remains current), my lawyer told me that it's OK and others told me it's not allowed. Can somedody shed any light on this ?
also, with the name check, is the process faster for female applicants, if that's the case, we might want to apply seperately.
thanks in advance
gary :confused:
 
You can file for more than one petition for I485, if you are in a valid situation (like the one you mentioned).

You've got to be careful when you are treading on two I485's. If you get EAD through the first one and somehow it gets rejected, then you're in deep trouble.

Better to be on H1 all the times until any one of I485 gets approved.

Your question on "in case of retrogression" is needless. Retrogression is ALREADY in place. You'll need to wait for your turn to apply for I485.

As for the name check for females, I am not sure if females get their name check cleared sooner than males. It is a worth shot, though.

Good luck
howdy_howdy
//
ps: I am not an attorney and not planning to be one. Consulting a competent one is greatly advised.
 
I also knew few people who applied two 485.

1. Through Employee
2. Through marriage

I think you can do it but be aware from other small complexity like howdy mensioned.
 
Gary,

I had a similar case where we applied two I-485's, one through my labor and the other through my spouse's labor. Our lawyer suggested us to link both the application by specifying the receipt number of the former 485 in the later application. We received same A# for both the applications.

Regards.
 
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