could one person has two 485 application in INS?

T

taijiren

Registered Users (C)
My friend has this situation:

1. he filed EB2 140/485 concurrently. EB2 140 was denied, so the 485 is closed.
2. his lawyer guessed this sitution from his other case in advance, so he filed another EB3 140 , and the receipt date is earlier than the 140/485 denial date. So lawyer filed motion to reopen the old 485.
3. At the same time filed another new 485 in case the motion is denied. Now it seems they reopened the old 485.

This means he has two 485 application in process, is this all right? Would this create any problem? Does he need to withdraw one application? Thanks...
 
my 0.02 cents. Pork Chop What say you ?

I think as your friends case stands right now there is not going to be a problem (they may even cash the appl. fees ) until the INS find out that they have 2 Applications for the same individual and then will try to consolidate the two A# into one
 
at any one given point in time, one may only have one i485 in process in which one is a primary applicant (one could be a derivative applicant in a parallel i485).

as it now stands, i don't think this is a serious situation for your friend. if and when BCIS finds out that there are two primary i485s, they will ask that one be closed, or close one themselves. but i suspect that your friend's lawyer will do that himself, once its certain that the old one is revived, and that the new i140 is attached to it, thus preserving the earlier RD for the i485.
 
I second pork. At any given point there can be only one I-485 pending with INS as the person being a primary applicant.
 
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