Can you have 2 AOS/I485 filed?

S

Sun07

Registered Users (C)
Hello All:

Now that July 2007 makes everyone current, my wife is also now applicable to file her own I485 (I140 already filed last month based on her employer). She is already a derivative on my I485 pending since 2003. My dates are now current but I guess it never hurt to have a back up plan.

However her lawyer says can not have 2 AOS at one time. My lawyer says you can. I did read on this forum somewhere that discussed this topic.

Anyone knows anything that exists in form of a CIS Memo/law that clarifies this?

Thanks very much for your help.

Sun07
 
2 I485?

Can we ask lawyer address this issue in next conference next week? It is not simply the back up issue. If your spouse is under backgroud check, who knows how long it will take to have your case approved. Is it possible that you will get approved frist if your backgroud check is much fast than your husband when your husband is the person whose case is employment based petition (under his petition)? Or you get approved by your case if your name check is much faster (under your petition)? Is there anything tricky if the second I485 filed? What did your wife's lawyer say when he said YES, you can file your own I485 even if you are on your spouse's I458 petition?
 
I have different situation. I have filed I485 through my wife(wife is USC). My employment sponsered green card's dates are also current. Can I file I485 based on employment too?
Thanks
 
Jenny:

I am not sure I understood your question. Well my problem is my lawyer says yes you can and her's says no you can not.

I am going to just sit tight for a month and see I get approved. I am very close I think. Filing dual AOS does pose issues as I have read in terms of creating more confusion at CIS and risking some ingorant officers sending an RFE and/or call for interview or transfer to local office, there by further delaying your appoval.

My advice to myself and anyone else who cares to take it is do not file dual AOS if your PD is quite old. You should get approved soon. I am very hopeful that all 2003 (and older) should definitely get approved by July end, if not earlier.
 
Hi Everyone,
I am in totally confused situation as I have EB3 I140 cleared from my present employer with priority date May 2004 ( I don't have any problems with employer working with him past 6yrs), but because of retrogression I am tired (as I am in my 10th year extn on H1) so through one of my friends reference I was offered EB2 with PD jan 2004 which I filed for substitution I 140 in may through Premium process, we got RFE which was addressed last week - sofar no result. As per July bulletin both are current , now I am confused. which one is better, can we file both, we never know what happens down the lane -retrogression .
Gurus please help me to decide which will be the safe regarding RFE's and priority date wise.

If anybody has any suggestions, I appreciate.

Thanks
 
I485 with 2 I140 pending

Guys,

Here is my predicament . Any response is highly appreciated .

My Employer filed my first 140 application (PD Nov 2003) in Nov 2006 which was a labor substitution. But since we did not get a response till March 2007 and my Perm labor was approved by then, we filed a second 140 application (PD July 2006) in March 2007. We got an RFE on ability to pay on the first 140 in April 2007 which we replied to in May 2007. We have not heard anything after that . So as of now both my 140s are pending .

I am now ready to file my 485 as my priority dates on both my 140s are current. So my question is which 140 should I attach my 485 to ?

My problem is if I attach my 485 to my first 140 application and if the 140 gets rejected, then my 485 gets rejected as well.
In that scenario, is there any way to re-attach my 485 application to my second pending 140 application ?

BTW, I am on 7th year H1 extension which will expire next month. we have filed for an H1 extension as well

what do you guys suggest I do ? Waiting for response ...

Thanks

GC23
 
2 I485?

Hi Sun07,
I have 2 questions:

1. If your wife filed I485 based on your petition, is it possible that she gets approved before you if her background check goes faster than you?

2. Is it possible that she files her I485 based on her petition and gets approved much quicker?

Thanks
 
Where_my_GC:
Well that is a no brainer. Go with EB2 Jan 04. Why were you confused? I am assuming both employer are financialy stable and you have good relations with.

GC23:
Your situation is a little tricky. Regardless of which I-140 you choose, I would highly recommend maintain your H1B status untill the chosen I-140 is approved and your I-485 accepted and EAD receieved. If you do maintain your H1B status and the underlying I-140 gets rejected for some reason, and you have AOS pending, you can connect your pending I-485 to the other I-140. However if you do not maintain your H1B and God forbid your underlying I-140 is rejected and hence 485/EAD/Ap all becomes invalid all of a sudden on one day, you will be out of status.

Jenny:
1. My wife has not yet filed for her I-485. She already has an I-485 as a derivative on mine and we have not yet decided to file her own I-485 yet
2. I dont think that if she files her I-485 in July 2007 it will get processed faster then mine which was filed in 2003
 
Thanks for your reply Sun07.
But are you sure we can link a pending 485 application to a different 140 ? Do you know if this is possible ?
 
GC_23:

Yes it is very much possible and there is a Memo dated 2000 also to that effect. You can find it if you search thru this forum. The process is called "interfilling: and is permissible by law.

I did it for myself. I had a old I-485 and two labor. Later on my earlier labor and I-140 got approved and switched my underlying I-140.

I have not gotten an approval yet, that is a whole different story.

Sun
 
Another 2 AOS case

Sun07

I have the same situation as yours, the only difference is my I485 just filed 6 months ago and now my wife's is eligible for filing.

Any suggestion on that? Are we going to run into trouble if each of us has two 485, one as principle and one as dependent?

Also, you mentioned there were some previous posts on this issue before, Do you have link to that?

thanks
-K
Sun07 said:
No problem. Here is more information on the same subject

http://boards.immigrationportal.com/showthread.php?t=205051
Click to expand...
 
Not even professional lawyers can give you a straight answer on this one. There is nothing in law that expressly either allows or prohibits filing dual AOS based on two I140

I had long conference calls with team of lawyers from both sides - mine and my wife's. At the end we concluded that you can file but be prepared to get an RFE or interview call, depending upon how untalented the officer that is looking at your file is.

My startegy: Wait till the last week that dates will retrgress (July or hopefully Aug end) and apply dual AOS only as a last resort before the window of opportunity closes. My PD and RD are pretty old and I am hoping I get approved soon. At this stage of my petition, I do not want to even go sneeze around a CIS buidling forget about complicating the hell out of an inefficient officer who might be looking at my file.
 
2 I485?

Sun07,
I really appreciate your help. I checked with others and it seems your wife can file her own 485. Her 485s will be combined and gets approved only once. That might cause delay. But if the reason of taking so long for your case is due to you name checking not your wife's, then she probably will get hers approved nuch faster if there is no problem for her name checking. She can not be approved if she is your benificiary when yours is not approved.

Do you have to do finger print and medical exam each year since your 485 filed in 2003?
 
Sun07,
I really appreciate your help. I checked with others and it seems your wife can file her own 485. Her 485s will be combined and gets approved only once. That might cause delay. But if the reason of taking so long for your case is due to you name checking not your wife's, then she probably will get hers approved nuch faster if there is no problem for her name checking. She can not be approved if she is your benificiary when yours is not approved.

Do you have to do finger print and medical exam each year since your 485 filed in 2003?
 
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