Can I use one attorney for 140 and another one for 485

[helloworld2008]

Hey guys,

I have been thinking this for a while and I want to see your opinions and answers about the following questions:

1. My employer hired some attorney to apply EB1. They submitted 140 already and they will wait to submit my 485 until my 140 is approved. However, my company might start to lay off people, so I cannot wait any longer and want to file 485 myself. I am not sure if I can hire another attorney to do 485 for me or should I stick with my 140 attorney? I didn't have very good experience with 140 attorney and that is why i want to hire a different one. Any advantage or disadvantage of doing that?

2. My 140 went to TSC but actually where I live should go to NSC. So when I submit 485, which center should I send, TSC or NSC? Which center processes 485 faster?

3. Should I submit 485 only for myself now and wait to submit 485 for my wife after my 140 is approved. My employer will cover her 485 expense if her case is submitted after my 140 approval. But I'm concerned that sometimes 140 and 485 can be approved together. Then my wife cannot turn in her 485 at that time. Is my understanding true?

I know you all have very good and clear understanding for all those tiny matters. I would appreciate it very much if you can share your opinions and answer my questions.

Thanks again.

 

[jk0274]

1. You can certainly have another lawyer help you with I-485 as long as you have a copy of your I-140 receipt (and of course your PD is current). However, in my opinion (and mine only) I-485 doesn't need an attorney. I did it myself. But if its free to you, then let them do the work.

2- TSC traditionally is thought to process faster. You ought to send your I-485 to the service center depending on where you live, but from the experience of others on this forum, they were able to send it to the same place their I-140 was pending without repercussions. I'm surprised, however, that TSC accepted your I-140.

3- This is up to you; if you have confidence in your case then she can submit her I-485 now. Your understanding is true to my knowledge; once you're a permanent resident the avenue for your wife becomes much longer. Will your company pay for her I-485 before your I-140 is accepted? Another thing you have to think about is that USCIS is planning to propose an end to concurrent filing in the next couple of months if not sooner. You may consider filing her paperwork yourself and just eating the $1010 cost for her yourself (plus civil surgeon fees).