I-485 question

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cala

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I'm thinking of filing I-485 by myself. I downloaded the package from USCIS website and read the instructions. I got the following questions:
1. I need to file I-485 for my wife also. Do I need to file the whole set of forms for her too?
2. On G325A (Biographic Info), on the bottom of the form, there is a box asking info on "Alien Registration Number", what's that?
3. Where shoulsd I send I-485, Service center or local office? I'm in LA, California.

Thanks for your help.
 
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I'm thinking of filing I-485 by myself. I downloaded the package from USCIS website and read the instructions. I got the following questions:
1. I need to file I-485 for my wife also. Do I need to file the whole set of forms for her too?
---- yes and with your wife I-485 you have to also attach Notarized affidavit of support I-134 and copy of marriage certificate
2. On G325A (Biographic Info), on the bottom of the form, there is a box asking info on "Alien Registration Number", what's that?

------- You get A# on I-485 filing receipt and you don’t have A# so leave that blank or write “none”
3. Where should I send I-485, Service center or local office? I'm in LA, California.
---- Your service center
 
I think on the spouse 485 one has to enclose Form I-864 affidavit of support which is the required forms for immigrant visas and not form I-134 affidavit of support which is relevant for non immigrant visas.
 
On I-485, there is a question:
"Have you ever before applied for permanent resident status in the US?, If yes, give the the date and place of filing and final dispostion"

I'm thinking of filing I485 with former employer's I140 and then apply AC21.
My current employer is also applying GC for me now. At the time when my current enployer file another I485 for me (about 6 month later), do I need to put the info on my 1st I485 filing?
Will this cause confusion or any negative impact on my application?
 
Originally posted by cala
On I-485, there is a question:
"Have you ever before applied for permanent resident status in the US?, If yes, give the the date and place of filing and final dispostion"

I'm thinking of filing I485 with former employer's I140 and then apply AC21.
My current employer is also applying GC for me now. At the time when my current enployer file another I485 for me (about 6 month later), do I need to put the info on my 1st I485 filing?
Will this cause confusion or any negative impact on my application?
Click to expand...

Applying two GC with same primary can create conflict of intent of joining the company. There might be some problem
You can swap the underlying I-140.
 
Originally posted by tammy2
Applying two GC with same primary can create conflict of intent of joining the company. There might be some problem
You can swap the underlying I-140.
Click to expand...

Two GCs are all for the current employer. The first one will be for the current employer by applying AC21.
 
I'm thinking of filing I485 with former employer's I140 and then apply AC21.
--- File the I-485
My current employer is also applying GC for me now.
---- Do you mean LC? If that employer gets LC for you then he can file I-140 and I-485 for you. One can have two I-140 I-485 filed if the base is different employer LC, at later stage you can withdraw the I-485 that has not earlier PD, or at the time of approval the USCIS will ask you “ what I-485 you would like to use” your reply will be that I-485 that has earlier PD and will write the I-485 receipt # and request them that your case should be approved on the base of pending I-485 #XYXXXXX

OR
If they schedule you for local USCIS office for interview at that time you can inform them

OR you can substitute the new I-140 with earler pending I-485, just send them the new I-140 and request that your I-485 #XXXXXXXX should be approved on the base of I-140 #XXXXXXX and send the copy of approved I-140
At the time when my current employer file another I485 for me (about 6 month later), do I need to put the info on my 1st I485 filing?
------ On I-485 Form they just ask if any AOS is pending or filed earlier and you have to fill up YES and you have to provide A# in other column on I-485 they will know from USCIS computer that other I-485 is pending
Will this cause confusion or any negative impact on my application?
---- if you do the above no problem. I know 4 cases like that and 2 have got the GC
 
Originally posted by cala
Two GCs are all for the current employer. The first one will be for the current employer by applying AC21.
Click to expand...

If you have no intention of working for the sponsoring employer at the time of I-485 filing, that could constitute fraud. Wether USCIS ever spots it or not is another quesiton, but you should be aware of this.
 
If you have no intention of working for the sponsoring employer at the time of I-485 filing, that could constitute fraud.
----------------- Mr. X works with company A and company A files I-140, I-485 or just I-140 and then Mr. X files I-485 after I-140 is approved by A and then leaves the company A and joins company B while I-485 is pending

Mr. X joins the company B and B gets LC approved and file I-140 and I-485 for Mr. X
What kind of immigration fraud you find? how will USCIS prove that it is fraud? will this kind of Allegation of fraud stand in court?
how many Allegations of fraud you read for employement based I-485? yes it is fraud if one submitsfake documents or hides any crimes

X had the intention to work with A when I-140 was filed and later I-485 was filed. if you read the august 4 AC21 Memo it clearly state that EMPLOYER should have Intent to employee the employer at the time of filing I-140

I am posting the real situation and the case was filed by good lawyer from MD and the person got GC, no RFE was generated after Company B I-140 was approved the lawyer sent the letter to USCIS that company B I-140 should be attached to pending I-485 that was filed based on company A I-140 and that I-485 had earler PD. I-485 was approved and got the GC
 
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Originally posted by ginnu
Mr. X works with company A and company A files I-140, I-485 or just I-140 and then Mr. X files I-485 after I-140 is approved by A and then leaves the company A and joins company B while I-485 is pending
Click to expand...

Unfortunately, that is not the situation here. He's already stated that employer A is a former employer, and there needs to be some clear evidence that both sides intend to have an employment relationship.

Either way, if he files an I-485 for *any* employer with the intention of not working for said employer at the time of the GC approval, even if he's currently employed by that employer, that's immigration fraud.
 
If you change underlying I-140 it should not be the problem. You can say the offer is no more exists.

But if Mr. X filing I485 with two different employers then Mr. X is promising both the employers that he will join them once GC is approved which constitutes fraud of lying under the oath. This was very serious issue in pre-AC21 era.
 
One can file two I-485 and read below and no lawyer says it is FRAUD as posted by tammy2 and TheRealCanadian it can be wastage of filing fees for filing second I-485 and everybody has diffrent reasons

http://www.americanlaw.com/q&a129.html
Q:Currently my wife and I are waiting for the approval for the concurrent I-140 and I-485 application based on my wife's employment with her employer. I just received recently the labor certificate, sponsored by my employer. Now my lawyer insists that my wife and I can apply again for the I-140 and I-485 based on my employment without jeopardizing our pending case. My wife's lawyer, on the other hand, insists that it is going to cause confusion about our I-485 applications and suggests that I can only ask the company to apply for the I-140 right now. Who is right, my lawyer or my wife's lawyer?

A:Technically, I don't think there is anything to prevent you from filing two adjustment of status applications but I don't think you necessarily want to do so. I agree that it might be confusing for the same alien to file two concurrent applications for adjustment of status. In addition, there is no point in paying hefty I-485 filing fees a second time. One adjustment of status application has already been filed, which will almost certainly be adjudicated faster than any subsequently filed application.

One thing you might want to do is file your own I-140 without the second I-485 and, once you have a receipt notice for the I-140, write to the Service Center (using the receipt numbers for each of the original I-485 applications filed by you and your wife) and tell them that there is a second petition that provides an additional basis for the adjustment of status applications. Give the receipt number for your immigrant petition filing so they will be aware of it.

This does not mean that it is necessarily wrong to file a second Form I-485; I don't believe there is any regulation that prohibits it. I would not recommend it for my clients, for the above reasons, but another attorney might disagree with me.


------
This is also from from a lawyer site:

Q:I would really appreciate it if you could shed some light on my question. Once in your answer to Wednesday's question, you said there is no INS regulation regarding concurrent I-485 applications, such as that a couple can file two I-485 applications based on two different I-140; several weeks ago, you mentioned that INS prohibits concurrent I-485 applications. Can you please clarify it some more? What is INS policy on it? Will they deny it?

A: While INS frowns on concurrent I-485 applications due to the potential backlogs and possible issuance of more than one visa number per applicant, filing two I-485 applications is not expressly prohibited. There are, however, several related policies.
-----------
This is from Murthy Chat

Chat User : Is it possible to submit a concurrent I-140/I-485 filing when another concurrent filing is pending? That is, can there be two simultaneous I-485 filings?

Attorney Murthy : The USCIS will not need a person to file another concurrent I-485 with the second case. A person may use the latest I-140 filing and submit it with the pending I-485 case so that it is interfiled. By filing a second I-485, it will likely delay both cases, since there could be some confusion. Also, it is more likely to result in the USCIS' scheduling an interview for such a person.



Question : I have two pending I-140 petitions. Can I file I-485 concurrently on both petitions? What if one petition is accepted and the other is denied?
Answer : Generally, a person does not file two I-485s at the same time. It is a waste of money and makes the file look suspiciously thick! In most NIW or EA cases, it may make sense to wait for the INS" decision on the I-140. Or file the AOS on one case and maybe a CP on the other case.
Date : 2002-11-04



Question : Can a person have two I-485s from two different service centers? Is I-485 filing based on an employee"s residence location?
Answer : Generally, the INS prefers that a person file the I-485 where the I-140 petition was approved. It is not advisable to file two I-485s in two locations for the same job and same I-140 approval notice.
Date : 2002-10-07



Question : Good evening! My husband filed I-485 last year and I am the derivative. His case is pending now. Can I file my own I-485 with my husband as the derivative while we are waiting for the approval of his case?
Answer : Better than doing that and confusing the INS with two I-485s with each of your names, you could proceed with CP and leave the other case as AOS. Then the INS is likely to move on one and the consulate may move faster on the other and you both will really possibly have 2 good options to work with.
Date : 2002-05-20
INS on Substituting New Petition Approval in Pending I-485
http://www.murthy.com/UDpen485.html
 
http://www.usvisanews.com/wedquest031500.html


Q:1. Is a person allowed to have two I-485 (adjustment of status) petitions pending at the same time based on two H-1Bs from two different companies?

A- First of all, an I-485 CANNOT be pending based on an H-1B...an H-1B is a TEMPORARY visa and the adjustment of status process is only available to persons who already have an approved IMMIGRANT petition.

To answer your questions, I will assume you mean:

"Can a person have TWO approved immigrant petitions via two different employers and proceed with an adjustment of status with each?"

It is clear that having two underlying labor certifications and I-140's is not illegal per se, although both the INS and DOL would frown on it for the obvious workload issues. However, when an adjustment is pending, the case generally winds up at a local INS district office. (I say generally because we are now seeing some employment based adjustments receiving final approval at the Service Center level, with the new immigrant visiting the local INS office only for passport stamping and fingerprinting.) If the two adjustments were filed at the Service Center, it is unlikely that there would be any overlap or awareness by the Service Center, due to the sheer volume they receive. However, once the files are forwarded to the local office, it is probable that this office would indeed realize that the same person had two processes pending. If this happened, the INS would probably just ask "well, which is it?" and perhaps make you choose one or the other. But I do not believe that the event would in any way prejudice the case, except to the extent that your misrepresenting your intention to one of the employers could create liability on your part for the time and money they are wasting.

I think it's generally a bad idea to view the immigrant process as a "race" to the finish line and put competing employers in this situation. Note, however, that this is distinguishable from concurrent processing of cases in DIFFERENT categories. For example, there is nothing wrong with processing a labor certification while awaiting the ripening of the priority date of the petition filed by your U.S. citizen brother years ago. Consider also the filing of NIW adjustments of status: many of these folks have a labor cert approved or underway, and that's fine as well.
 
INTENT is needed ONLY when I-140 was filed read


http://www.murthy.com/chat0922.html
Chat User : Hello, Ms. Sheela. What happens when we change jobs after 180 days of I-485 filing (laid off) and we didn't inform BCIS? If I get an RFE, is there a chance of denying my I-485? (I-140 has not been revoked.)

Attorney Murthy : If the I-140 was previously approved and the I-485 has been pending over 180 days, then the I-485 could possibly be approved. There are some issues that have been brought to light by the August 4, 2003 Memo, like the requirement that the employer and employee should have the good-faith intent to work in that sponsoring job at the time the I-140 was approved. So, although we have some help with respect to the August 4, 2003 Memo, we still have some concerns that need to be resolved.
 
So if you are applying second I-485 as a dependent or marriage based or on any other bases it is fine and should not be a problem. But two Employments based I-485, as a primary is problem.

Just to explain you I-485 is some thing like promise that two people are making to each other one person (employee) saying I will work for and other (employer) is saying I have job for you. So by applying second AOS you are breaching the promise you made. The promise is nothing but the intent.

You cannot apply two marriage based GC with two different spouses

You are applying your second I-485 as dependent it is different case

Originally posted by Rahee
INTENT is needed ONLY when I-140 was filed read


http://www.murthy.com/chat0922.html
Chat User : Hello, Ms. Sheela. What happens when we change jobs after 180 days of I-485 filing (laid off) and we didn't inform BCIS? If I get an RFE, is there a chance of denying my I-485? (I-140 has not been revoked.)

Attorney Murthy : If the I-140 was previously approved and the I-485 has been pending over 180 days, then the I-485 could possibly be approved. There are some issues that have been brought to light by the August 4, 2003 Memo, like the requirement that the employer and employee should have the good-faith intent to work in that sponsoring job at the time the I-140 was approved. So, although we have some help with respect to the August 4, 2003 Memo, we still have some concerns that need to be resolved.
Click to expand...

Also you are quoting Sheela Murthy wrongly. She is taking here about con-current filer, who has already applied I-485.
I-485 application it self requires an offer letter while filing I-485.

In fact my arguments based upon consultation with her.
 
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