Filing two 485s in parallel

J

jmdi

Registered Users (C)
My husbands company had filed 485 in June 2002 but he got laid-off in August. He is currently working on EAD. Our case is not yet approved. I am a dependent applicat in his 485 appication. Since he didnot complete 180 days, we are not sure if we will get approved.

I am currently working on H1-B (not EAD). My company had applied for my labour certification and got approved. Now we have to proceed for I140 and I485, but I got an impression from my companies lawyer that we may have to withdraw my hsubands application. Becuase it is illegal to have 2 EAD's and also INS will come to know that two cases of adjustment of status are going on for a single person and will ask to withdraw one.

Can anyone of you suggest what should be done. WE would really like to have both cases to go on because who knows my husband's may get approved !!!

Thanks for you help in advance. Please give me suggestions/advise.
 
Originally posted by jmdi
Can anyone of you suggest what should be done. WE would really like to have both cases to go on because who knows my husband's may get approved !!!
Click to expand...

You and your husband already have a filed I-485. Just file the I-140 and leave things alone for now. You can decide the underlying basis for each of your I-485s at a later date.

There is no reason to file multiple adjustments unless you enjoy wasting money. If this is the case, please let me know so I can get my share too. :)
 
Thanks to all for the responses.

My companies lawyer is planning to file 485 ( me being applicant and my husband dependent) and want to leave everything to INS.

He thinks that once INS comes to know about this, they may ask us why you are having 2 cases and we can reply that it is because my husband was laid-off from the employer and we want to be safe by having another back-up 485. They ca generate an RFE and then based on my husband's current job may decide to approve or reject (since he didnot complete 180 days).

He says in worst case they will reject my husbands case but mine will continued..

This was his suggestion this morning. He doing some research and said will discuss with other lawyers and comeup with a conservative and safe approach.
 
Originally posted by jmdi
because my husband was laid-off from the employer and we want to be safe by having another back-up 485. They ca generate an RFE and then based on my husband's current job may decide to approve or reject (since he didnot complete 180 days).
Click to expand...

Yes, but you're paying twice the filing fees, twice the legal fees and generally confusing USCIS. They're confused enough.

Here's what I would do. (IANAL, so caveat emptor).

1. File your I-140 and nothing else. Leave your adjustments alone.

2. If you and your husband get approved based on the original adjustment, all is good.

3. If your husband gets an RFE and has a new job by then, respond to the RFE and use AC21. The fact that your husband didn't work for the sponsor for 180 days following the I-485 filing is immaterial.

4. If your husband gets an RFE and cannot respond to the RFE, then send BCIS a letter referencing your I-140 petition, and say that you wish to switch the underlying basis for your I-485 from being a dependent on your husband's I-140, to being a primary applicant. You also wish to switch your husband's basis to being a dependent on yours. If your I-140 is approved by then, you might get approved on the spot.

There. You've saved at least $600 in filing fees, never mind how much in attorney's fees.
 
I agree with all you suggestions. I will suggest the idea of just filing 140 to attonerney.

BTW, my comapny will pay for the expenses and lawyer fee. I don't care.
 
You must log in or register to reply here.
Top