Can we apply for Spouse\'s 1-140 when 485 pending

freeme

Registered Users (C)
Hi Gurus,

We have applied for I-485 based on my I-140. My spouse\'s Company had also started processing the GC and LC is done. Their company will be applying for I-140. Now, will this be a problem since we have sent in our I-485?

We just want to have it as a back up and probably go for CP.- Would appreciate responses from someone who has been in similar situation

Also, how long is the LC valid? I mean can we wait for another 6-12 months and apply for I-140 based on this LC?

Thanks
 
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I know people doing it.

You cannot file two I485 though. But you sure can use the second I140 as a backup in case your job is in jeopardy. It does happen.
 
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Thanks. Well, her company headquarters is in NJ and hence they are processing at VSC. We have applied for I-485 at NSC. Will they have to transfer files if she applies for I-140? Thanks again.
 
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freeme,

People like you are our enemies here. If everyone files duplicate
applications, how can we expect INS to work faster? So, you and
your wife filed LC, trying to file I140 and may even go to CP
leaving behind your I485 and/or ask INS to cancel that after you come
back with successful CP? Right? INS has to work on all those
applications twice just for you!?

Goodluck and God bless you in life!.
 
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5thYearNSC, I feel like your frustration and rage is very much misdirected. The culprit is INS. If INS could timely process the cases within the guideline, then all these would become non issues. People don\'t have to be forced to apply for Canadian PRs, multiple I140s, etc. etc as backups. What a waste of money and time on our part too, not mentioning opportunity cost. However, because of the unpredicibility of INS, people have to watch for themselves and use all legal means possible. Freeme has a family to protect. He is entitled to do whatever he thinks is useful within the legal limits. It is the INS game and who said life is fair?

Freeme, I think your wife can apply for I140 at VSC, put it on the shelf until you get yours or get laid off(god forbidden). In the latter case, drop your case from NSC and apply I485 at VSC. Please also take my words with plenty of salt. God speed to you and hope you don\'t have to use the second I140.
 
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Dear X0520,
I have been with this board for over 3 years. I don\'t have personaly
issue with freeme. I wish him great life.
As you say, INS is the culprit and filing Dupilcates like Freeme
only adds fuel to the fire.
If he believes absolutely it is necesary to have another application,
that is very much justified and qualified. But, folks around here file
duplicate peitions just for nothing. I too have applied for 3 H1B
and the 4th one using 7 Year extn (AC21). INS need not have
wasted in processing all these my H1b petitions had they
given my GC the first Year in 1997 when I applied.

I have put all those questions for the general public here to
learn what\'s going on with you affects others in life.
Its\' that simple.
 
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Hello guys,(5thYearNSC & X0520)

First of all thanks for your comments. I understand what 5thYearNSC is trying to say and also thank XO520 for his input and wishes. Before posting this here, I really spent time thinking twice if to proceed with the spouse\'s I-140 or not. Just looking back at past 15 months I realize that things may change fast and may not be the same. Hence, I felt it was not a bad idea to have a back up.

Thank you guys and wish you all the best.
 
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