FP for two I484 applications

J

jiang.62

Registered Users (C)
Gurus,

Please give me your opinion.

My lawyer filed I485 for me in 02/2003, and I did FP1 in 05/2003, it's based on EB1 OR I140. Then in 08/2003 my I140 based on labor was approved, so my lawyer filed the 2nd I485 for me on 02/2004. The reason he gave was it doesn't hurt to file the 2nd one, and it can be a backup if the 1st one is denied by mistake.

Anyway, I just received the 2nd FP notice, but the application number in it is the 2nd one EAC04090***, and my 1st I485 is EAC03124***. Although I have only one alien number for both cases.

My question is, from the process flow, this looks like the 2nd FP for the EAC03124 case, but I am afraid that the FP results will be put into the EAC0409 case and delay the EAC03124 case. Contacted the lawyer, he said it doesn't matter. VSC will match my finger print to the current processed case, which is the earlier one I suppose.

What should I do? Anyone heard people with two I485s get approved with no complications?

Thanks.
 
Filling two I-485 using one I-140.

It's a unique case. Never heard of this before. Let us know the outcome.
 
I'm really surprised to hear this. When I checked with my attorneys (my employer's attorney and my wife's employer's attorneys, just to make doubly sure), both of them agreed that you cannot have 2 I-485's filed. Please appraise your attorney of this and then take the next step.
 
Thanks!! I see different opinions

Friends,

Thanks for your response. Seems like we have two different opinion. One says you can apply multiple I485, others say no.

Anyway, it's too late to change. I will consult with my lawyer again.

Thanks again.
 
You can file 2 485's. One as a primary applicant and second one as derivative applicant(i.e dependent). This is typically done when both work .
 
GCSeekerInd,
Are you certain about your statement. Since my wife and I are both working, both of us filed for our Labor Certification separately. She got approval first and hence we went ahead with her I-140/I-485 with me as a co-applicant on her application. Then my Labor certification cleared and I haven't progressed with applying for I-140/I-485 through my employer since my attorneys (both my employer and my wife's employer) told me that it was not legal in the eyes of USCIS to be doing this.
Again, please let me know your lawyer's opinion and we can discuss through.
 
I am 100% for sure. if both and wife and husband are working and they can apply GC separately. I have seen live example at my apartment and recently wife(Fp2 aug 7 & Rd Nov'03) got approved. No issues at all at any stage. One was applied at Nebraska and other aplied Vermont. Vermont one was approved.
 
pujar said:
GCSeekerInd,
Are you certain about your statement. Since my wife and I are both working, both of us filed for our Labor Certification separately. She got approval first and hence we went ahead with her I-140/I-485 with me as a co-applicant on her application. Then my Labor certification cleared and I haven't progressed with applying for I-140/I-485 through my employer since my attorneys (both my employer and my wife's employer) told me that it was not legal in the eyes of USCIS to be doing this.
Again, please let me know your lawyer's opinion and we can discuss through.
Click to expand...

Yes. I did the same thing. Eventually I withdrew mine and continued my wife's petition as I lost the job before my 140 got approved and there was query on 140.

Is the attorney appointed by the employer ? Did he refused to file ? or ?

There is one more option. You could file for 140 only and let it run thru its own course. This way you have a fall back option later in case something happens to your wife's case.
 
You must log in or register to reply here.
Top