Concurrent EB I-485s

H

Hopeful0820

Registered Users (C)
I have asked this question before. But I am asking it again since I am facing a very difficult decision.

I am living and working in California. I filed an NIW (self-petitioned I-140) based I-485 with TSC (where my I-140 was approved) in June 2001. So far I have not received the FP notice yet. I really regret filing with TSC instead of CSC but the application has been pending with TSC for one year now. I also have an employer sponsored EB2 I-140 approved in January 2002. I have not done anything based on that I-140 yet. Now my patience is running thin, due to the extremely random and slow processing at TSC. I do not know if TSC has skipped the middle 2001 filers or not. Anyway, I want to do something. CSC is still much faster and more important, much more consistent. My attorney told me it was OK to file another I-485 based on a different I-140. However, other attorneys say it is not a good idea since it may incur interviews etc. and further delay the process. Has anybody actually had similar experience doing concurrent I-485s before? I would very much like to do so if there is no adverse effect, although I will have to spend a lot more money.

Thanks for any input. I am thinking of this every day and cannot sleep well.
 
Have you thought about going for CP with the other I-140?

I am sorry, but, no body will be able to give you a solid \'Yes\' or \'No\' on this. If any body does, it\'s just what their personal openion is. I think if you tried to do this, it is just testing your luck - it may or may not give you problems.

If I were you, I would rather go for CP with the other I-140. Hope this helps.
 
I heard that you can have two I-485, but one has to be primary, and other one derivative.

Otherwise you have to withdraw the first one, while filing the second one. But you can definitely have one I-485, and another one CP.
 
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Thank you guys for replying. I believe what Mainer said is right. There may be no "yes" or "no" answer to this question. I know there is definitely no regulations prohibiting doing this. But most attorneys will say doing so will cause confusion to INS and may further delay the cases due to interviews etc. My attorney told me that she got advisory opinion from INS that it was OK to file two I-485s, as long as the basis are different. But again, I do not know if doing so will incur interviews which will prolong my cases for quite some time.
 
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I also thought about CP. But I am a Chinese national and I have an export control license to work on my job. I heard people get stuck in China because of that before. I do not know if I want to risk that in China, even only for two weeks.
 
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