can we file two 485's

gcmagic

Registered Users (C)
Hi Guru's

I am in interesting situation.Currently Iam on H1-B visa status and I have filed my 485 and I-140 in EB3 Category almost 2 years ego using the substitute labor PD is 2003 JAN filed in Nebraska.my 140 was apoproved a year ego and working for same companny on H1-B visa.Recently another labor which I filled in 2002 AUG IN EB2 category in Vermount through my old employer was approved.

Since EB3 cases were backed up do you think is it good idea to file i-140 and I-485 again for eb2 approved labor.My question is can we file two I-485's ? or i have to withdraw my old 485 and apply again with EB2 Aproved labor.I need your sincere advice please.Thanks in advance for all your suggestions.
 
Technically, yes. But practically, no. You will confuse CIS officers. Then mess up your case. I think, you should file EB2 I140 first. After it is approved, you can inter-change the linkage of your pending 485 from EB3 to EB2 and also keep the EB3 PD. Hope this will help.
 
Thanks for your reply.But do I have to file 485 again for Eb2 when my 140 is approved or I can use the EB3 485?
 
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