Can I submit two EB2 I-485s?

P

petervisa2006

Registered Users (C)
I am currently working for the company A who sponsors me as PERM EB2 with Priority Date is June, 2005. The company A's I-140 was approved on April, 2006. I cannot file my I-485 due to visa retrogression issue.

Now I got an apportunity to concurrently file I-140 and I-485 on an pre-approved EB2 Labor Certificate (the original priority date is Jan 2002) from another company B, though there is a risk that this concurrently-filed I-140 may be denied.

My question is that: if I file I-140 with I-485 on the company B's pre-approved EB2 labor certificate now, and if my company A's PERM EB2 Priority Date becomes current later on (say, after one year from now on), may I still be able to submit another I-485 based on Company A's approved I-140 in the same EB2 category?


Thanks for your comments.
 
From what I heard from different lawyers, your options might be:

1. file 2 I-485;
2. have one I-485, and then transfer to another category;
3. have one I-485, and can not transfer, so withdraw first and then file another one.

You can see from here that different immigration attorneys have different interpretations.
 
fastapproval said:
From what I heard from different lawyers, your options might be:

1. file 2 I-485;
2. have one I-485, and then transfer to another category;
3. have one I-485, and can not transfer, so withdraw first and then file another one.

You can see from here that different immigration attorneys have different interpretations.
Click to expand...

Well, which options do you believe it is true please?
 
From what I have seen in this forum. You can have two 140 but only one 485. So you can ask company B to file your 140 and 485 and start processing since you do have not filed 485 in company A.
 
petervisa2006 said:
Well, which options do you believe it is true please?
Click to expand...

You can file I-140/I-485 with company B now. And when your PD in company A becomes current, transfer your I-485 to attach to your approved I-140 in company A. But I have to say, I have never done that, I heard this from my friend's attorney. Some attorneys didn't agree this , but some did successfully transfer I-485 from one unproved I-140 to one approved I-140. It is very tricky.
 
fastapproval said:
You can file I-140/I-485 with company B now. And when your PD in company A becomes current, transfer your I-485 to attach to your approved I-140 in company A. But I have to say, I have never done that, I heard this from my friend's attorney. Some attorneys didn't agree this , but some did successfully transfer I-485 from one unproved I-140 to one approved I-140. It is very tricky.
Click to expand...

Thank you very much for your sharing though it looks very complicated :)
 
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