file two I-485 petions with being primary in one and secondry in another

S

someday_gc

New Member
Hi All,

My wife has filed under EB2-NIW(India) with PD of 30-Sep-2005, which is exactly the period before the retrogression started (1-Aug-05). I'm a co-applicant (benificiary) in her Adjustment Of Status (AOS / I-485) application. I have the following question

1. Is she affected by retrogression, given that her application was made technically before the retrogression.
2. We recently had to go for a 2nd round of fingure printing, does that imply anything
3. Because of the recent movement of PD's in EB2 category (1-APR-04), I qualify to apply for I-485 myself as my PD is 15-DEC-03. Can I apply for an AOS with my wife as an benificiary. Is there a way of relinking her application with mine. My employers attorney are suggesting that since we have an AOS application pending I can't apply for AOS as this will lead to 2 AOS applications on file at the same time.

Please help!
 
If your 140 is approved, ask your attorney to link the already filed 485 to your 140. You do not need to file another set of 485s. This way you will retain the filing date of 485 and get the PD of you application (2003).
 
Thanks EricS for the reply.

I did some research and found that what you are suggesting is definately doable but ends up confusing the USCIS. Is there no way that I apply for a new AOS (485) with my wife being the benificiary.
 
Hi

Someday_GC: I have a similar case and is wondering what to do. Where did you find useful information about the linking 485 to another I-140? Thanks.
 
I do not know anyone personally who has filed 2 485 applications. Talk to different attornies and see what they say.
Not sure, but if you send in another set of 485, it should be accepted, but you will have to mention about the old 485 on it. The A# has to remain same I think.
 
EricS:

Must the two 140 be approved before the link can be requested? Please clarify. Thanks.
 
closeby said:
EricS:

Must the two 140 be approved before the link can be requested? Please clarify. Thanks.
Click to expand...

Here is what i understand, On your wife's Primary(140) you are the dependent/derivative and now you got a chance to apply 485 as primary and you want your wife to be derivative benificiary, the main aim is betting the green card as fast as possible.
1. Is she affected by retrogression, given that her application was made technically before the retrogression.
A. As per the EB2 she is in retrogation. Her application will be pending until her date becomes current, means you also, as you are a derivative on her application.
2. We recently had to go for a 2nd round of fingure printing, does that imply anything
A. There is another group, they keep the finger prints updated, they do expire for 15/16 month...don't worry about it.
3. Because of the recent movement of PD's in EB2 category (1-APR-04), I qualify to apply for I-485 myself as my PD is 15-DEC-03. Can I apply for an AOS with my wife as an benificiary. Is there a way of relinking her application with mine. My employers attorney are suggesting that since we have an AOS application pending I can't apply for AOS as this will lead to 2 AOS applications on file at the same time.
A. Well, you may not link your 140 with the derivative 485 filed previously, but you can apply your own 485, but specify your A# and SRC number of the old/derivative 485. I guess they will send your case to the same person working on your derivative case. Finally you will be issued only one green card the the other will be ignored/rejected. Same works for your wife.

With no fault of yours, if one primary case is rejected, you will be covered with the other.

Please make sure, the information submitted is consistant with the previous application EB2NIW.

If i am wrong any where...gurus...please correct me.

EcriS answer make me think twice...May be i am wrong...please corrent me if i am.
 
Last edited by a moderator:
I 485 question

I am applying for AOS on a EB basis. My wife will apply along with me as a beneficiary. Unfortunately she worked on H1B for another company without notifying USCIS and on a different job capacity. What are the chances for her I485 to be denied? Do we have to mention that in I485 form. She is currently on H4 and is not working. Thanks.
 
biboo said:
I am applying for AOS on a EB basis. My wife will apply along with me as a beneficiary. Unfortunately she worked on H1B for another company without notifying USCIS and on a different job capacity. What are the chances for her I485 to be denied? Do we have to mention that in I485 form. She is currently on H4 and is not working. Thanks.
Click to expand...

Hi Bibbo,
please open your own thread..you will get a good response if you have your own.

Well, Your wife got H1B from one company (A) and worked for another company(B). If the B company ran payroll and generated W2, there is enough evidance with USCIS. Please do not hide any information. It is better off specifying the information. A good lawyer can give you a better suggestion.
 
You must log in or register to reply here.
Top