Can we file multiple 485s?

R

rocky_rock

Registered Users (C)
This attorney of mine filed my 485 with approved 140 (but without the employment letter). So I'm little scared. Can I feel another 485 with my other pending 140 thru another lawyer? Any risks involved?
 
I would not encorage you filing duplicate 485. I would send an ammendment with a covering letter for the missing document or wait till I get an RFE to respond. Your case will not be denied for missing document and will be sent an RFE. Do not worry.
 
Can anyone please give me the number of USCIS so that I call them and find out? cause different lawyers are giving me different answers....
 
I would say - first check if your 485 got accepted? If your checks got deposited....If so, the receipt number would be on the back of them....

I assume there is no harm in filing multiple I485's....

But one can also file an Interfile request ....to link one's old I485 to a new I140....Search for interfile request....recently USCIS issued guidelines for it, as well...

You may get an RFE for Employment Verification Lettter (EVL) on your old I485 if it's been accepted without employment letter...
 
banta4gc said:
I would say - first check if your 485 got accepted? If your checks got deposited....If so, the receipt number would be on the back of them....

I assume there is no harm in filing multiple I485's....

But one can also file an Interfile request ....to link one's old I485 to a new I140....Search for interfile request....recently USCIS issued guidelines for it, as well...

You may get an RFE for Employment Verification Lettter (EVL) on your old I485 if it's been accepted without employment letter...
Click to expand...

Thanks, but I only have time till Aug 17 to find out if my checks have got deposited. Do you think I will surely find this out before Aug 17 ? (I had mailed my application on July 3)
 
two 485

I have a NIW eb2 approved with pending 485. Also LC140 approved, with an earlier pd of sept 04. I am planning to file for 485 via LC140 due to earlier priority date. My lawyer wants me to withdraw the 485 and then resubmit 485 with LC140. Can I file the 485 without withdrawing the previous 485? Can two 485's confuse USCIS and cause denials? Would appreciate your opinions.
 
similar situation - my wife applied as derivative on my 485 in 2005 - now we want to file her 485 with her approved i 140 , me being derivative.

I think it should not be problem if we are declaring our Alien Number and declaring that we have already filed 485 on page 2.

Gurus - please shed some light.

The thing that's bugging me is that some one is ineligible to apply if some one is "Conditional Permanent Resident. " Now the problem is if we would be classified like that.
 
I-485 ammendments

Hi Barath_India and Others,
I also realized that I did not submit few important documents (I-20/ 94) with 485. If I do not want to wait till I get RFE to save time.....

How do I submit an amendments to send these documents (Any specific form)?
To which address should I submit?

Could you plese let me know. thanks..


barath_india said:
I would not encorage you filing duplicate 485. I would send an ammendment with a covering letter for the missing document or wait till I get an RFE to respond. Your case will not be denied for missing document and will be sent an RFE. Do not worry.
Click to expand...
 
jairam5 said:
similar situation - my wife applied as derivative on my 485 in 2005 - now we want to file her 485 with her approved i 140 , me being derivative.

I think it should not be problem if we are declaring our Alien Number and declaring that we have already filed 485 on page 2.

Gurus - please shed some light.

The thing that's bugging me is that some one is ineligible to apply if some one is "Conditional Permanent Resident. " Now the problem is if we would be classified like that.
Click to expand...

conditional-permanent-resident is something else. Say you marry a US citizen, you will get a GC immediately, but it will be a conditional one, with the condition being that you stay married for 2 years. At the end of 2 years you get the regular GC. Mere filing of a 485 does not make you a CPR.

multiple 485s are allowed by law (I am also doing that) but apparently it could confuse USCIS and cause delays. to play it safe I am doing exactly what you are (marking the A# on the second one, and also noting on the I-485 that another one has also been filed). Withdrawing 485s is risky unless your PD will remain current for a while (since if USCIS by mistake withdraws BOTH, you are in trouble).
 
Same situation...I filed my 485 and its stuck in name check...my wife being secondary, USCIS won't adjudicate her case either. Now we have got my wife's 140 approved and planning to file her 485 with she being primary and I as dependent. I am too little confused by murthy's comment on http://www.murthy.com/bulletin.html that "Multiple I-485 Filings Not Advisable " . Not sure how much truth is there in her comments but considering I have little hope on getting my name check done sooner...do not want to miss August 17th deadline for my wife's considering her PD is 2001. Let me know jairam5 and gc_chahiye123 what you guys end up doing.
 
We are filing 2 485s each (one as primary other as dependent). Wife's lawyer said its not a good idea as it might confuse USCIS, my own lawyer said its not a problem, but could result in an RFE asking us to withdraw one of them.
 
same here - I shall wait for a week if I get a magic mail - if not - I have taken medical appointment for 30th and shall go ahead and file in first week of August.
 
jay2005 said:
I have a NIW eb2 approved with pending 485. Also LC140 approved, with an earlier pd of sept 04. I am planning to file for 485 via LC140 due to earlier priority date. My lawyer wants me to withdraw the 485 and then resubmit 485 with LC140. Can I file the 485 without withdrawing the previous 485? Can two 485's confuse USCIS and cause denials? Would appreciate your opinions.
Click to expand...

So if we do file 2 I-485s and want to withdraw one of them, when should we do it and how?
 
rocky_rock said:
So if we do file 2 I-485s and want to withdraw one of them, when should we do it and how?
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You will have to write a request to that service center with your A number and recipt number to withdraw the 485. Please remember that there is always a risk with USCIS that they can withdraw the wrong application if you have two of them already. You can submit the withdrawal any time. My Lawyer wanted to submit the withdrawal first, wait for sometime to make sure it has gone through and then refile the second 485. I am not doing this now due to the limited time frame.
 
jay2005 said:
You will have to write a request to that service center with your A number and recipt number to withdraw the 485. Please remember that there is always a risk with USCIS that they can withdraw the wrong application if you have two of them already. You can submit the withdrawal any time. My Lawyer wanted to submit the withdrawal first, wait for sometime to make sure it has gone through and then refile the second 485. I am not doing this now due to the limited time frame.
Click to expand...

But why should there be a risk if we are withdrawing the application after we receive the receipt number, cause they'll go by receipt number and not by name? Two persons can have the same name. Yes, if we withdraw before we get a receipt number then there's surely a risk. Pls clarify....
 
rocky_rock said:
But why should there be a risk if we are withdrawing the application after we receive the receipt number, cause they'll go by receipt number and not by name? Two persons can have the same name. Yes, if we withdraw before we get a receipt number then there's surely a risk. Pls clarify....
Click to expand...

The risk is because it is USCIS. Ideally, you are right and if you quote the A# and request it, it should be so. But you are well aware of the many surprises that USCIS is capable of giving! It takes about 60 days for the withdrawal to go through( as per their standard reply). If you can wait till the withdrawal is confirmed and then reapply, it would be fine. At present, there is time only till aug 17 to file 485. Also the USCIS is going to be bombarded with tons of 485 applications and hence no one knows if they can keep this time frame.
 
I am in the same boat.
We sent our 485's on Jul 2nd (Husband Primry, Wife derivative)
At that time my wife's comapny did not make any decision regarding 485 filings and this is EB3 (PD 01/2006).

Now that CIS is taking apps again, My wifes company is ready to file 485's. So we are sending again (Wife primary and Husbannd derivative) and this is EB2 (PD 03/2007).

I checked with my attorney and he said we can aboslutely file two 485's. It is just hat we should mention in our 485 that we had already filed.
Worst thing that can happen is case may be delayed by 3-6 months and they may ask us to withdraw one case.
 
re-filing 485 and withdrawing the earlier filed 485

By mistake my lawyer filed I-485 on July 02, 2007 when I was not physically present in US, I went to India on June 22 and came back to USA on July 16,2007.

Please suggest what can I do at this point ....

1. Refile before Aug 17 , withdraw the application filed on July 02, and face the risk of multiple filing, also request stop check payment with the bank for the first filing, so that USCIS will reject/RFE...

2. Attorney still says once he gets the receipt notice he will send the copy of new I-94's and will request USCIS to consider July 16 as filing date.
He says in any case they won't deny the case and might issue RFE. But I am not sure as he already screwed my case and as I am reading from these forums that received date is considered as filing date and you must be in physically present in US to file for I-485. He is also saying that from Jul 02 to July 17 USCIS was not officially accepting any I-485 app , so it should not be a an issue.

3. Wait and pray that I receive I-485 rejection before Aug 17... which looks impossible..

4. Is it a mandatory check to be physically present in USA at the time of filing, had any one gone through this situation previously ?

Please suggest what to do as I am not sure when these dates will be come current again?

thanks, ash
EB2,Oct2004,India
 
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Hi,
I have two pending I-485 applications with USCIS. First one was filed in July when I was traveling outside USA. Since I-485 can not be filed while you are out of USA, upon my return to USA, a new I-485 application was filed.
Now, we have received the receipt for both the applications. So, it would make sense to withdraw the first application. I would like to get your expert opinion on how to withdraw the first application without impacting the second application?
There is different receipt number but common A# on both the receipts. The first case is pending with Nebraska center and the second case is pending with Texas center. My concern is that if I write a letter to withdraw case with Nebraska, will they withdraw both I-485 applications associated with A#? Or will they withdraw only one requested case?
In my withdrawal application, should I give them the complete story with the case numbers? Or should I just ask them to withdraw a given case associated with the receipt number?
 
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