can we have 2 aos processing ?

[h1issue]

My Husband has applied for I-1485/etc., for both after his I-140 is approved. Now, I got my I-140 Approved thru my employer. Can I also apply for the I-485/etc., as primary ?.

If so, I may have 2 EADs. now sure how I should handle this 2 eads/adjustment of statuses.

please give me your opinion.

Thank you.

 

[Ziri]

You can have two I-485 applications but if you are sure you will get your EAD through your husband then you don't apply for it and you will have saved some bucks. But file both I-485 to be on a sure deal and can withdraw the other after stamping. You never know yours may come out faster.

 

[TheRealCanadian]

But file both I-485 to be on a sure deal and can withdraw the other after stamping. You never know yours may come out faster.

The only thing you will be sure of is wasting $250+ each. Should something happen to your husband's job, you can just amend your I-485s to reflect that you are a primary applicant and he is now a derivative.

 

[fast_gc_seeker]

so what is answer for original question? can somebody have 2 concurrent
AOS being processed?

lets says somebody gets a copy of their approved LC's and 140's[i believe these are needed for filing 485] can he/she file 485 without going
through any sponsor?[since 485=AOS is a individual petition and not company
petition]

 

[pujar]

I'm afraid the responses to the original question of "whether you can have 2 simultaneous aos" is wrong!
One cannot have two I-485's in progress. You can apply for the I-140 but not the I-485, the USCIS would invalidate one of them.
Also, you would not need the I-485 to be filed twice since you can always obtain an EAD based on the I-485 filed through your spouse. The only requirement to obtain an EAD is that you should have a I-485 pending.
Hope that helps

 

[Ziri]

This can be done and in this particular case they were going to be two different primary applicants (wife & husband). They will not issue two EADs if you apply EADs on both applications. Don't put all your eggs in one basket.

 

[pralay]

I'm afraid the responses to the original question of "whether you can have 2 simultaneous aos" is wrong!
One cannot have two I-485's in progress. You can apply for the I-140 but not the I-485, the USCIS would invalidate one of them.

Absolutely not true. One can apply for multiple I-485 at the same time - as long as underlying cases are different. There different scenario where it can be possible.
1. Two different I-140s.
2. One as primary (from employer), another as dependent (from spouse's EB based).
3. One EB and another family-based (for example, married to citizen).

USCIS does not invalidate multiple I-485s at the time of application or during the processing. Eventually one of them will be approved (whichever gets processed first) and rest of the applications will be denied on the ground of applicant's already-PR status.

But as mentioned by others, it's waste of money to apply for two I-485s (unless you have risk of one of them getting denied). Another options is to apply for consular processing for one set and I-485 for other set (considering I-485 can take long time).

BTW, you cannot apply I-140 because it's not your petition, but employer's.