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Can I file two 485
- Thread starter Tiankong
- Start date
I hope one should not file for new I-485 if other I-485 is pending, I have read in Murthy Chat that it makes your file thick and BCIS officer looks at the file with suspicion. I have no knowledge about any law that prevents you filling other I-485. You should ask your lawyer. Sheela Murthy has suggested (case similar to you) that if one I-485 is pending than a person in your position should apply your I-140 for CP that way you can have your I-140 approved and if CP interview comes first go for CP, if pending I-485 is approved before CP then you are fine and if unfortunately the pending I-485 is denied due to any reason you have the other option for CP.
Hi Ginnu,
What if the earlier I-140/I-485 was denied and an appeal is pending, then will it be problem, if we apply I-140/ I-485 through a different Employer? What happens if the appeal is accepted and earlier case gets approved? Do we have to withdraw any one of the I-485 Petition?
Thanks,
Nanshi.
What if the earlier I-140/I-485 was denied and an appeal is pending, then will it be problem, if we apply I-140/ I-485 through a different Employer? What happens if the appeal is accepted and earlier case gets approved? Do we have to withdraw any one of the I-485 Petition?
Thanks,
Nanshi.
Naanshi:
Hi Ginnu,
What if the earlier I-140/I-485 was denied and an appeal is pending, then will it be problem, if we apply I-140/ I-485 through a different Employer?
- NO
What happens if the appeal is accepted and earlier case gets approved?
-- You will be fine, Get the GC stamp
Do we have to withdraw any one of the I-485 Petition
--- BCIS has your A # and they know what is pending for you through BCIS computer, once your one I-485 is approved, then automatically pending I-485 becomes void ( I read it long time back and I may be wrong, please ask your lawyer)
tammy2:
I think when you file for second I-140 you have give CP option if the first one was for AOS.
---- You are allowed to file for CP or AOS
Once I-140 is approved you can attach that to pending I-485. But you cannot apply two 485s.
--- Just to give you an example, I know a case of my friend, he was working with company A and his LC was cleared and I-140 was approved for CP then he filed I-485, due to some reason he left the Employer A joined Employer B through H1 Transfer. INS revoked his I-140 before 180 days (may be past employer sent letter) but his I-485 is pending more than 12 months. Due to the lack of final regulation on AC21, nobody is sure what will happen to him. To be safe side his lawyer advised him not to use EAD and maintain H1 status with new employer and to file new LC through new employer and his new LC got approved and he filed new I-140 with AOS option, lawyer told him once his new I-140 is approved he will request BCIS to attach new I-140 to pending I-485 and the case should be approved according to new approved I-140.
Hi Ginnu,
What if the earlier I-140/I-485 was denied and an appeal is pending, then will it be problem, if we apply I-140/ I-485 through a different Employer?
- NO
What happens if the appeal is accepted and earlier case gets approved?
-- You will be fine, Get the GC stamp
Do we have to withdraw any one of the I-485 Petition
--- BCIS has your A # and they know what is pending for you through BCIS computer, once your one I-485 is approved, then automatically pending I-485 becomes void ( I read it long time back and I may be wrong, please ask your lawyer)
tammy2:
I think when you file for second I-140 you have give CP option if the first one was for AOS.
---- You are allowed to file for CP or AOS
Once I-140 is approved you can attach that to pending I-485. But you cannot apply two 485s.
--- Just to give you an example, I know a case of my friend, he was working with company A and his LC was cleared and I-140 was approved for CP then he filed I-485, due to some reason he left the Employer A joined Employer B through H1 Transfer. INS revoked his I-140 before 180 days (may be past employer sent letter) but his I-485 is pending more than 12 months. Due to the lack of final regulation on AC21, nobody is sure what will happen to him. To be safe side his lawyer advised him not to use EAD and maintain H1 status with new employer and to file new LC through new employer and his new LC got approved and he filed new I-140 with AOS option, lawyer told him once his new I-140 is approved he will request BCIS to attach new I-140 to pending I-485 and the case should be approved according to new approved I-140.
Tiankong:
Can I file my 485 as a dependent to my wife?
--YES
and then file 140 for myself.
--- YES, your I-140 is going to be independent based on your LC and for particular employer.
When my 140 get approved, can I attach that to my 485 case even though I am a dependent?
------- You have to file for your I-485 and the I-140 approved for you can NOT be attached to the pending I-485 because for that I-485 your wife I-140 was approved for her employer and that is the base of that I-485 you are getting derivate status with that I-485 as spouse. You should have your I-140 and your I-485 as primary applicant and your spouse can also file I-485 derivate status with you based on your I-140 ( as you did file with her I-485 as spouse).
And then wait if I-485 based on spouse case is approved then both will get GC, if some problem with her I-485 then you will be having your I-485 pending and then she will get GC based on your I-140 with you as derivate spouse.
If I am in your position I will file my I-140 with CP option (if employer agrees, because many don’t agree for CP they want to keep you for more years with them) once I-140 is approved for CP will go for CP, because I don’t see any reason for 2 AOS pending when I have chance to go for CP. I would leave for CP and will have AP in hand based on other pending AOS, even if I have valid H1, because if anything goes wrong (very less chance) with CP I can be back in US on valid H1 or AP (will decide what to use), will meet the lawyer before leaving CP, CP can be completed in 4-5 months after I-140 approval, if your consulate is Bombay or New Delhi in India then both the consulate accept Attorney certified I-140 package(I don’t have Info for Madras) and schedule the Interview for CP processing and you both can have GC early AOS is taking 18 to 24 months in many service centers at present.
remember with CP you can not use AC21
Can I file my 485 as a dependent to my wife?
--YES
and then file 140 for myself.
--- YES, your I-140 is going to be independent based on your LC and for particular employer.
When my 140 get approved, can I attach that to my 485 case even though I am a dependent?
------- You have to file for your I-485 and the I-140 approved for you can NOT be attached to the pending I-485 because for that I-485 your wife I-140 was approved for her employer and that is the base of that I-485 you are getting derivate status with that I-485 as spouse. You should have your I-140 and your I-485 as primary applicant and your spouse can also file I-485 derivate status with you based on your I-140 ( as you did file with her I-485 as spouse).
And then wait if I-485 based on spouse case is approved then both will get GC, if some problem with her I-485 then you will be having your I-485 pending and then she will get GC based on your I-140 with you as derivate spouse.
If I am in your position I will file my I-140 with CP option (if employer agrees, because many don’t agree for CP they want to keep you for more years with them) once I-140 is approved for CP will go for CP, because I don’t see any reason for 2 AOS pending when I have chance to go for CP. I would leave for CP and will have AP in hand based on other pending AOS, even if I have valid H1, because if anything goes wrong (very less chance) with CP I can be back in US on valid H1 or AP (will decide what to use), will meet the lawyer before leaving CP, CP can be completed in 4-5 months after I-140 approval, if your consulate is Bombay or New Delhi in India then both the consulate accept Attorney certified I-140 package(I don’t have Info for Madras) and schedule the Interview for CP processing and you both can have GC early AOS is taking 18 to 24 months in many service centers at present.
remember with CP you can not use AC21
Hi Ginnu,
Thanks for the earlier reply.
What will happen to the following scenerio.
1. I-140 EB2-RIR was denied in service Center A.
2. Concurrent filed I-485 also was denied, due to the denial
of I-140 from Service center A.
3. Appeal was filed in Service Center A and it is pending.
4. Filed new I-140/I-485 EB3-RIR from Service Center B (Which is little bit fast in processing) through Substitution Labor from different Employer.
5. Got EAD/AP approved from Service Center B.
6. Appeal is accepted and I-140 gets approved from Service A.
If this happens, what are all the options left?(Never worked for the earlier Sponsor who filed in Service center A, but currently working for Employer who filed in Service center B).
Thanks for your help,
Nanshi.
Thanks for the earlier reply.
What will happen to the following scenerio.
1. I-140 EB2-RIR was denied in service Center A.
2. Concurrent filed I-485 also was denied, due to the denial
of I-140 from Service center A.
3. Appeal was filed in Service Center A and it is pending.
4. Filed new I-140/I-485 EB3-RIR from Service Center B (Which is little bit fast in processing) through Substitution Labor from different Employer.
5. Got EAD/AP approved from Service Center B.
6. Appeal is accepted and I-140 gets approved from Service A.
If this happens, what are all the options left?(Never worked for the earlier Sponsor who filed in Service center A, but currently working for Employer who filed in Service center B).
Thanks for your help,
Nanshi.
I think... when you filed I-485 with the Service Center B, you told INS that you intent to work for XXXX employer as permanent basis. If you want to file I-485 using the I-140 from Service Center A... then you might need to withdraw the other application. As you might show fuzzy with your intention. You see... the I-485 is highly dependent on "Intention to work permanently".... doesn't matter where you worked before or where you work now. It is all about future.
I might me wrong... let see what the other people says about it.
I might me wrong... let see what the other people says about it.
As for as I know you cannot file even two I-140s for AOS (I got opinion of my Attorney about this.) She says you can file one for CP and other for AOS. But not both for AOS. I do not know why. I believe her.
Attorney did not allow one of my colleague apply for two I-140 (for wife and husbands).
Naashi
You can atttach second I140 to First 485.
Attorney did not allow one of my colleague apply for two I-140 (for wife and husbands).
Naashi
You can atttach second I140 to First 485.
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What will happen to the following scenerio.
1. I-140 EB2-RIR was denied in service Center A.
2. Concurrent filed I-485 also was denied, due to the denial
of I-140 from Service center A.
3. Appeal was filed in Service Center A and it is pending.
4. Filed new I-140/I-485 EB3-RIR from Service Center B (Which is little bit fast in processing) through Substitution Labor from different Employer.
5. Got EAD/AP approved from Service Center B.
6. Appeal is accepted and I-140 gets approved from Service A.
If this happens, what are all the options left?(Never worked for the earlier Sponsor who filed in Service center A, but currently working for Employer who filed in Service center B).
-------I did not under your questions Please answer:
Did the company A filed for I-140 only?
And latter you filed I-485 based on receipt of that I-140 and your I-485 got rejected because I-140 was denied.
And after denial your employer appealed for I-140 and that has been approved, if that is the situation then your lawyer can request the BCIS service center to open the pending (denied) I-485 because base has been approved, I have read that if I-140 is approved after Motion to reopen or Appeal then service center automatically update the data of I-485 as” Processing resumed” talk to your lawyer he/she may guide you.
As you are not working with employer A. you have filed new I-140 and I-485 got EAD through B, better is to pursue this case. I don’t know your relationship with the employer A. I would advice to meet competent lawyer and seek the legal advice
1. I-140 EB2-RIR was denied in service Center A.
2. Concurrent filed I-485 also was denied, due to the denial
of I-140 from Service center A.
3. Appeal was filed in Service Center A and it is pending.
4. Filed new I-140/I-485 EB3-RIR from Service Center B (Which is little bit fast in processing) through Substitution Labor from different Employer.
5. Got EAD/AP approved from Service Center B.
6. Appeal is accepted and I-140 gets approved from Service A.
If this happens, what are all the options left?(Never worked for the earlier Sponsor who filed in Service center A, but currently working for Employer who filed in Service center B).
-------I did not under your questions Please answer:
Did the company A filed for I-140 only?
And latter you filed I-485 based on receipt of that I-140 and your I-485 got rejected because I-140 was denied.
And after denial your employer appealed for I-140 and that has been approved, if that is the situation then your lawyer can request the BCIS service center to open the pending (denied) I-485 because base has been approved, I have read that if I-140 is approved after Motion to reopen or Appeal then service center automatically update the data of I-485 as” Processing resumed” talk to your lawyer he/she may guide you.
As you are not working with employer A. you have filed new I-140 and I-485 got EAD through B, better is to pursue this case. I don’t know your relationship with the employer A. I would advice to meet competent lawyer and seek the legal advice
Thanks to Niza, Tammy and Ginnu.
Hi Niza,
My earlier I-140 was denied and appeal is pending. Even it was approved, How can I file I-485 in Service Center B, with earlier I-140 from Service Center A, which is for different employer.
Hi Tammy,
I am not filing two I-140s. Earlier one was DENIED and waiting for appeal. I-140 is mainly for the company and
You can file n number of I-140s,if all are from different employers.
Hi Ginnu,
Did the company A filed for I-140 only?
No, My company filed I-140 and after some time they filed I-485
And latter you filed I-485 based on receipt of that I-140 and your I-485 got rejected because I-140 was denied.
Yes
And after denial your employer appealed for I-140
Yes
and that has been approved,
This is not happened Yet. Still it is Pending. Even if it gets approved, lawyer does not have to inform BCIS to open the
I-485 case. It will be automatically opened by BCIS.
As you are not working with employer A. you have filed new I-140 and I-485 got EAD through B, better is to pursue this case. I don’t know your relationship with the employer A.
So you are saying that forget the First Case and go with second I-140/I-485 in Service center B, Am I Correct?
After getting EAD from Service center B, if my earlier I-140 from Service center A gets approved, What should I do to the I-485 petition in Service center A and B?
a) I have to withdraw my I-485 in Service center A or B.
b) When I file second I-485 in Service center B with old A#, old I-485 in service center A will be invalid, whatever be
the result of the I-140 Appeal in Service center A.
c) I have to inform BCIS that I will be going with Service Center B I-485 petition and cancel the I-485 petition in
Service center A.
Thanks Guys again,
Nanshi.
Hi Niza,
My earlier I-140 was denied and appeal is pending. Even it was approved, How can I file I-485 in Service Center B, with earlier I-140 from Service Center A, which is for different employer.
Hi Tammy,
I am not filing two I-140s. Earlier one was DENIED and waiting for appeal. I-140 is mainly for the company and
You can file n number of I-140s,if all are from different employers.
Hi Ginnu,
Did the company A filed for I-140 only?
No, My company filed I-140 and after some time they filed I-485
And latter you filed I-485 based on receipt of that I-140 and your I-485 got rejected because I-140 was denied.
Yes
And after denial your employer appealed for I-140
Yes
and that has been approved,
This is not happened Yet. Still it is Pending. Even if it gets approved, lawyer does not have to inform BCIS to open the
I-485 case. It will be automatically opened by BCIS.
As you are not working with employer A. you have filed new I-140 and I-485 got EAD through B, better is to pursue this case. I don’t know your relationship with the employer A.
So you are saying that forget the First Case and go with second I-140/I-485 in Service center B, Am I Correct?
After getting EAD from Service center B, if my earlier I-140 from Service center A gets approved, What should I do to the I-485 petition in Service center A and B?
a) I have to withdraw my I-485 in Service center A or B.
b) When I file second I-485 in Service center B with old A#, old I-485 in service center A will be invalid, whatever be
the result of the I-140 Appeal in Service center A.
c) I have to inform BCIS that I will be going with Service Center B I-485 petition and cancel the I-485 petition in
Service center A.
Thanks Guys again,
Nanshi.
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2 I-485 petitions (primary) in different service center's
I filed my I-140, I-485 from VSC in Sept 2002 (EB3) from company A, which I promised them I would join if get my GC approved. Meanwhile, my current company (company B) filed my I-140, I-485, EAD, and AP from CSC in December 2002. My I-140, EAD, AP got approved from my current company. Hence, I would like to stick to my company.
I used the alien#'s I got from VSC in Sept filing in my CSC filing, and in my CSC I-140 mentioned that I have a pending I-140 petition in VSC.
Since I would like to proceed with my current company, what should I be doing with my petitions in VSC.
I know its a complicated situtation, and was wondering if anyone else went through a similar process...
I filed my I-140, I-485 from VSC in Sept 2002 (EB3) from company A, which I promised them I would join if get my GC approved. Meanwhile, my current company (company B) filed my I-140, I-485, EAD, and AP from CSC in December 2002. My I-140, EAD, AP got approved from my current company. Hence, I would like to stick to my company.
I used the alien#'s I got from VSC in Sept filing in my CSC filing, and in my CSC I-140 mentioned that I have a pending I-140 petition in VSC.
Since I would like to proceed with my current company, what should I be doing with my petitions in VSC.
I know its a complicated situtation, and was wondering if anyone else went through a similar process...
Naanshi:
After getting EAD from Service center B, if my earlier I-140 from Service center A gets approved, What should I do to the I-485 petition in Service center A and B?
-- If I-40 from service center A gets approved and then if service center resumes your I-485 that has earlier PD, you can peruse that but as you are not working with A then you may have to use AC21, job with B should be similar, B should pay you salary as written on LC of A, your I-485 should be pending more than I180 days and A should not revoke I-140 and you should be able to get new employer B letter for future job (still AC21 final rule not published)
a) I have to withdraw my I-485 in Service center A or B.
----Keep quiet no need to withdraw any I-485 at this time
b) When I file second I-485 in Service center B with old A#, old I-485 in service center A will be invalid, whatever be
the result of the I-140 Appeal in Service center A.
--- When your I-140 from B gets approved it can be joined to pending I-485 that you filed for B, your lawyer can request to BCIS that pending I-485 should be approved on base of B I-140 and will send other info of B
c) I have to inform BCIS that I will be going with Service Center B I-485 petition and cancel the I-485 petition in
Service center A.
--- Your lawyer will take care of that.
"So you are saying that forget the First Case and go with second I-140/I-485 in Service center B, Am I Correct?"
-- YES
After getting EAD from Service center B, if my earlier I-140 from Service center A gets approved, What should I do to the I-485 petition in Service center A and B?
-- If I-40 from service center A gets approved and then if service center resumes your I-485 that has earlier PD, you can peruse that but as you are not working with A then you may have to use AC21, job with B should be similar, B should pay you salary as written on LC of A, your I-485 should be pending more than I180 days and A should not revoke I-140 and you should be able to get new employer B letter for future job (still AC21 final rule not published)
a) I have to withdraw my I-485 in Service center A or B.
----Keep quiet no need to withdraw any I-485 at this time
b) When I file second I-485 in Service center B with old A#, old I-485 in service center A will be invalid, whatever be
the result of the I-140 Appeal in Service center A.
--- When your I-140 from B gets approved it can be joined to pending I-485 that you filed for B, your lawyer can request to BCIS that pending I-485 should be approved on base of B I-140 and will send other info of B
c) I have to inform BCIS that I will be going with Service Center B I-485 petition and cancel the I-485 petition in
Service center A.
--- Your lawyer will take care of that.
"So you are saying that forget the First Case and go with second I-140/I-485 in Service center B, Am I Correct?"
-- YES
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Thanks Ginnu for the detailed reply. I thought the same thing, what you said.
Let us see the following scenerio.
1. Filed I-140/I-485 with Service center B through Employer BB say suppose On July 01,2003.
2. Mean time Appealed I-140, EAD got approved from Service Center A for Employer AA say suppose on July 14,2003.
In that case,
a) Can I work for another Employer CC with EAD of Service center A, using AC 21 rule, without working for the Sponsor company AA at all? (After withdrawing all the petitions from Service center B)
b) Will it(Never worked for the sponsor) be a problem, in case of Interview for I-485? (I don't worry about the citizenship interview)
Thanks Again,
Naanshi.
Let us see the following scenerio.
1. Filed I-140/I-485 with Service center B through Employer BB say suppose On July 01,2003.
2. Mean time Appealed I-140, EAD got approved from Service Center A for Employer AA say suppose on July 14,2003.
In that case,
a) Can I work for another Employer CC with EAD of Service center A, using AC 21 rule, without working for the Sponsor company AA at all? (After withdrawing all the petitions from Service center B)
b) Will it(Never worked for the sponsor) be a problem, in case of Interview for I-485? (I don't worry about the citizenship interview)
Thanks Again,
Naanshi.