Filling of two I-485s

M

Mumbaican

Registered Users (C)
Need some help, I am filling my GC under EB2 category with a priority date of July’07 and my husband has his GC filed in EB3 with a priority date of Oct’06, we are filling in both cases under a different chargeability (all charge-ability areas except those listed) as I was born in Iraq but I am an Indian citizen. My husband’s lawyer is telling us not to file two different I-485 ( One where my husband is the primary and I am the dependent and the other where I am the primary and my husband is the dependent on it) as the USCIS will deny both or cancel the application if we file twice, is that true? Please help me regarding this issue.
Thanking you in anticipation for all your help.
Gurus and Attorney's please help!
 
kind of similar situation

Both my husband and myself have applied for the 485/765/131, and like you I am the dependent in one, and the applicant in another. We are using 2 separate lawyers, and both didn't see any problems in our submitting 2 applications. My husband is under EB2 & I under EB3. Our Priority dates are diff., we are both from India.
I am not sure if our lawyers are correct, but all the same we have applied.
Will keep you updated.
Good luck!
 
You Can File More Than 1 485!!

Mumbaican said:
Need some help, I am filling my GC under EB2 category with a priority date of July’07 and my husband has his GC filed in EB3 with a priority date of Oct’06, we are filling in both cases under a different chargeability (all charge-ability areas except those listed) as I was born in Iraq but I am an Indian citizen. My husband’s lawyer is telling us not to file two different I-485 ( One where my husband is the primary and I am the dependent and the other where I am the primary and my husband is the dependent on it) as the USCIS will deny both or cancel the application if we file twice, is that true? Please help me regarding this issue.
Thanking you in anticipation for all your help.
Gurus and Attorney's please help!
Click to expand...



You can definitely file more than 1 485. USCIS cannot reject a 485 just because there are multiple 485's. I have done this myself and what did happen was they approved one and after the approval I withdrew the other.

Yes it does add a lot of confusion, your better option would be to INTERFILE.

Send me a private message if you need additional stuff.
 
Thanks for your help!

Thanks, for all your help, I have sent you a message, please do reply at your earliest convenience.
Thanks everyone for helping on this matter.
 
endretro said:
You can definitely file more than 1 485. USCIS cannot reject a 485 just because there are multiple 485's. I have done this myself and what did happen was they approved one and after the approval I withdrew the other.

I am filing a second I-485 now. How do you withdraw I-485 once one was approved? Thanks!
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nati309 said:
endretro said:
You can definitely file more than 1 485. USCIS cannot reject a 485 just because there are multiple 485's. I have done this myself and what did happen was they approved one and after the approval I withdrew the other.

I am filing a second I-485 now.

How do you withdraw I-485 once one was approved?
-------------if any I-485 is approved and second is pending then write to USCIS that your I-485 with reciept #... is approved, provide your name, DOB, A# and write to them that you want to withdraw I-485 with reciept #.... sign the letter with date and send it to USCIS where the I-485 is pending. if you dont write then if any I-485 is approved then second pending I-485 is denied. one cant have two I-485 approved
Thanks!
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2nd I-485

Does anyone know the official source/ authorization for filing of two I-485s? My lawyer, like Mombaican's Lawyer, says you can't file two and if you do - they will reject it automatically when they find out about the other one (and they will know quickly coz I'm gonna use for my second filing the same A# given to me when I filed the first one..) ??

If I cannot convince my lawyer about filing a second one - I would just ask for all my documents and originals back and just file it myself (shouldn't be too complicated, should it??), but I want to be SURE it is doable..

Also - for the Medical - I'm thinking of using the same medical exam done when I applied for first I-485 (it's within 12 months time and I obtained another sealed original copy from doctor). Do you see any problem with that?

Thanks.
 
royl66 said:
Does anyone know the official source/ authorization for filing of two I-485s? My lawyer, like Mombaican's Lawyer, says you can't file two and if you do - they will reject it automatically when they find out about the other one (and they will know quickly coz I'm gonna use for my second filing the same A# given to me when I filed the first one..) ??

If I cannot convince my lawyer about filing a second one - I would just ask for all my documents and originals back and just file it myself (shouldn't be too complicated, should it??), but I want to be SURE it is doable..

Also - for the Medical - I'm thinking of using the same medical exam done when I applied for first I-485 (it's within 12 months time and I obtained another sealed original copy from doctor). Do you see any problem with that?
Click to expand...
 
Last edited by a moderator:
royl66 said:
Does anyone know the official source/ authorization for filing of two I-485s? My lawyer, like Mombaican's Lawyer, says you can't file two and if you do - they will reject it automatically when they find out about the other one (and they will know quickly coz I'm gonna use for my second filing the same A# given to me when I filed the first one..) ??

If I cannot convince my lawyer about filing a second one - I would just ask for all my documents and originals back and just file it myself (shouldn't be too complicated, should it??), but I want to be SURE it is doable..

Also - for the Medical - I'm thinking of using the same medical exam done when I applied for first I-485 (it's within 12 months time and I obtained another sealed original copy from doctor). Do you see any problem with that?

Thanks.
Click to expand...

I also have 2 485 pending at this time. I was also pretty confused last year whether to file a 2nd one because my lawyer told me you cannot file a 2nd 485. However, after talking to people on this forum( GINNU and others) I pushed my lawyer and she did her research and agreed to file it. As far as i know it is not illegal.
I initially tried to interfile NIW EB2 485 to perm EB2 485 ( to save 2 more years of waiting) but VSC refuse to interfile and told me i have an option to file a 2nd EB2 485, if I wanted. So if an immigration officer at VSC is endosing or encourging me to file a 2nd 485 then it not an illegal practice. However, i think it can cause confusion and delay in adjucation of case as discussed in other forums and they can even ask for interview which can results in further delays.
So far I have wasted another year without any results and with the visa numbers gone for this year I am not sure if filing a 2nd 485 has saved me time as i probably will end up completing 5 year NIW requirement. Only time will tell.
I filed 2nd 485 with same medical examination.
 
Thanks Farsheedj for sharing your experience. It sure helps. Can you further elaborate:
1. Was your second 485 based on same I-140, same LC for same job offer for same employer or were there any changes??
2. Did you use same A# received from first 485 when filing the second one?
3. Were you required to do fingerprinting again for the new 485?
4. How old was your medical when you filed it the second time? Did you just obtain another original from doctor??

THANKS again !!!
 
hh
royl66 said:
Thanks Farsheedj for sharing your experience. It sure helps. Can you further elaborate:
1. Was your second 485 based on same I-140, same LC for same job offer for same employer or were there any changes??
my first 485 was NIW EB2 which is under my name no employer.Second 485 is from employer and is perm/LC based i,e there are two different 140 petition.
2. Did you use same A# received from first 485 when filing the second one?
yes. i think you have to use your A# in section on 485 where they ask you if you have a A# and if you have another 485 pending.
3. Were you required to do fingerprinting again for the new 485?
yes i did another FP for 2nd 485.
4. How old was your medical when you filed it the second time? Did you just obtain another original from doctor??
6 months.yes i obtained another original as all the tests and exam is valid for 1 year..

THANKS again !!!
Click to expand...
 
royl66 said:
Thanks Farsheedj for sharing your experience. It sure helps. Can you further elaborate:
1. Was your second 485 based on same I-140, same LC for same job offer for same employer or were there any changes??
-----------------why one need to file second I-485 based on same LC or I-140?

2. Did you use same A# received from first 485 when filing the second one?
--if one has A# then write your A# on second I-485 form or any forms in future

3. Were you required to do fingerprinting again for the new 485?
------------------one gets fingerprints for second I-485 if USCIS dont check with A# if FP has been done
4. How old was your medical when you filed it the second time?
Did you just obtain another original from doctor??
--------------------you need to send Second medical if you send second I-485.
THANKS again !!!
Click to expand...
nothing in law prevents filing second I-485, all depends on persons situation.
 
Thanks for the further clarifications Farsheedj, it really helps a lot. I guess the only question I'm still confused about: if both 485s are based on two seperate 140s and two seperate LCs, and are being processed seperately - why would it cause "confusion and delay in adjucation of case" ??? :confused:
 
I mean if they process each application seperately (and I'm sure they're not intelligent enough to do it otherwise..) - why should one 485 interfere with the other??
 
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