I 485 flip-flop

P

physio18

New Member
I am a licensed PT with an EAD not yet started working. My husband is working on an EAD(his h1 has expired). His I-140 is cleared and 485 is pending. Since it's going to take a long time for us to get a GC b'cos of retrogression, we both thought we would start another GC process in schedule-A. When we asked our lawyer, she mentioned about this flip-flpopping of 485's. She explained that once my I-140 got approved under schedule A, my husband can substitute that I-140 for his I-140 on the already existing I-485 applications so that i would become the principal applicant.

Has anybody heard of this before or done this? Is it advisable to do so?
I wo'd really appreciate if somebody can reply.
 
You can replace one approved I140 with another approved I140. I haven't heard that you can replace it with your spouses I140, but I don't want to dispute it. The substitution is governed by a Yates memo from 2000.

Another option would be to file a second set of I485s based on the non-retrogressed schedule A. Some lawyers will still tell you that it is illegal to file two I485s, but apparently this never written rule was changed when concurrent filing came along (you can only adjust under one I485, but you can file several).
 
hadron said:
You can replace one approved I140 with another approved I140. I haven't heard that you can replace it with your spouses I140, but I don't want to dispute it. The substitution is governed by a Yates memo from 2000.

Another option would be to file a second set of I485s based on the non-retrogressed schedule A. Some lawyers will still tell you that it is illegal to file two I485s, but apparently this never written rule was changed when concurrent filing came along (you can only adjust under one I485, but you can file several).
Click to expand...

I have faced a similar situation and was advised that substituting the 140 is possible but it is entirely up to the service center and its interpretation of the policy. Some service centers seem to make up their own rules in this grey area. Most conservative lawyers advise against going this route to avoid complicating issues.

Something else to consider is using your current priviledged schedule A situation to sail through the system while the rest of the system is paralysed. Instead of 485s if you just go through the 140 and ask for CP, then you are likely to get a consular appointement very fast..................since they are hardly any appointments to schedule at this time in the EB crowd. That way you both may be done a long time before any of this mess is sorted out. Right now I really cannot see an obstacle in the schedule A path.
 
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I want to second that.
Consider doing the scheduleA with consular processing. It should get both of you a GC within a couple of months (it does however require a trip back home for the interview).
 
hadron said:
I want to second that.
Consider doing the scheduleA with consular processing. It should get both of you a GC within a couple of months (it does however require a trip back home for the interview).
Click to expand...

Why to even bother going for CP when one can file multiple I-485 applications. One can file multiple I-485s but only ONE WILL be approved. Upon approval of first one, all other pending I-485s become void.

I would go for filing AOS instead of CP.
 
The downside of filing a second I485 is the considerable potential of throwing the decrepit computer system of USCIS into a state of confusion. They can't keep their fingerprint notices straight with only one I485, with two I see unlimited potential for them to f)#_( it up.

Also, AOS can take, as the USCIS receipt notice so succintlcy states, between 90-99999 days.
CP is pretty straightforward once you have your I140 approved, only little potential for unforseen delays.
 
hadron said:
The downside of filing a second I485 is the considerable potential of throwing the decrepit computer system of USCIS into a state of confusion. They can't keep their fingerprint notices straight with only one I485, with two I see unlimited potential for them to f)#_( it up.

Also, AOS can take, as the USCIS receipt notice so succintlcy states, between 90-99999 days.
CP is pretty straightforward once you have your I140 approved, only little potential for unforseen delays.
Click to expand...

I have seen atleast 2 cases where they had filed 2 I-485s and received approval for one of them. I don't think USCIS computer system is too dumb.

I agree that CP is straight forward but no potential issue with AOS either.
Personal choice comes in here, I guess.
 
filing multiple 485

Hi,
I am a physician and I saw comments from some members here about filing a second 485 while one is pending.
I have an appoved NIW 140 petition based on working in an underserved area and i filed concurrent 485 in 10/05 with NIW 140. You have to work for 5 years in an underserve area if you are NIW versus 3 year if you have labor certification based employer 140.
Subsequently, I got a PERM base 140 approved and by my lawyer advice upon completion of my 3 year J1 visa waiver committment , we asked vermont center to transfer my 485 from NIW petition to PERM petition to avoid 2 more years of waiting in underserved area with a bad employer.
However, the vermont center has since sent us two RFE as if they are continuing to process it as an NIW petition based 485 petition.
My lawyer initially told me that I cannot file another 485 while one is pending and the choice is to withdraw first one and file a new one with nebraska or keep waiting and send reminders for transfer.
After seeing some comments yesterday on forum about filing multiple 485 I asked my lawyer and she appears to be receptive to idea and agrees there is not written guideline about it.
Is there anyone on this forum who has any experience or have been in similar situation and if there is any written memo/law.
Any input will be appreciated.
thanks,
 
multiple 485

there is no rule saying that you can or saying that you can not, I am in same situation I have 3 485 pending, only thing is I never receive an FP for third one
 
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