I-485 Amendments/Two I-485s?

G

genejock2000

Registered Users (C)
The situation is as follows:

I got my I-140 approved in mid Oct in the EB1-OR category, and just filed for I-485/EAD/AP two days ago.
I just found out that my I-140 in the EB1-EA category was approved yesterday. This was marked for CP in Chennai, but have decided to avoid CP if at all possible.

Questions are: can one person have two I-485 applications pending at the same time, if there are separate I-140\'s that are the basis for these applications?
Can I amend my just filed I-485 to now use the EA I-140? What is the procedure for amending the I-485?
Obviously, I\'d rather do the EA because it does not require a job offer.

Any suggestions?
Thanks, genejock
 
No..

Popular lawyer opinion is that one should not have 2 485s pending. The logic is that you can adjust to one status only. 2 applications mean two statuses.
But if you think your chances are better for the second I140 approval, you can always withdraw the first one (wait till you receive the receipt) and then file using the second I140.
There have been Specific INS memo about such cases. See Murthy.com
 
Thank you

Thank you. I found the info at Murthy.com. Apparently a substitution is allowed if within the same category, but my lawyer is quite skeptical that anything I send will actually make it to the file!
 
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