I485 - NIW and LC based

C

cody

Registered Users (C)
I am a Physician on H1b status ( visa expired 10/03), My gc process is both through NIW petition and LC.

- J1 waiver/NIW/I 140/AP/EAD approved, I485 pending(RD 1/03)

- H1 status/ LC/I 140 approved, applied for second I485 in12/03 through LC. same job, same employer last 3 years.

My questions:
1. will my new I485( LC) void previous I485(NIW)
2. (or) will both be processed at the same time or simultaneosly according to the RD.

3. will my AP/EAD be void because of my new I 485,?
do I have to apply for a new AP to travel (or) can I use the one Based on I485(NIW)

please reply, thank you
 
Originally posted by cody
I am a Physician on H1b status ( visa expired 10/03), My gc process is both through NIW petition and LC.

- J1 waiver/NIW/I 140/AP/EAD approved, I485 pending(RD 1/03)

- H1 status/ LC/I 140 approved, applied for second I485 in12/03 through LC. same job, same employer last 3 years.

My questions:
1. will my new I485( LC) void previous I485(NIW)
2. (or) will both be processed at the same time or simultaneosly according to the RD.

3. will my AP/EAD be void because of my new I 485,?
do I have to apply for a new AP to travel (or) can I use the one Based on I485(NIW)

please reply, thank you
Click to expand...

1. Not automatically. Multiple 485s are frowned upon. It's just a matter of time before CIS cancels one or both the applications. They will inform you before doing so and you can inform them which one to cancel instead of both.

2. Yes, until an officer detects it. Did you get the same A# for your second application ?

3. No. AP/EDA are good until the decision.

Even a below-average lawyer would have advised you to file CP option for the second one. It's not too late to file 824.

Fire your lawyer.
 
I had filed my first I485(NIW), so that my wife can get a EAD to work, since she was on H4.

I am eligible forI485(LC) only after 3years of J1 waiver job in a Medically Underserved area(MUA), hence I filed this latest I485, and if I go through I485 I can move from the underserved area to a bigger city for a job using AC21.

If I stay with I485(NIW), I would have to stay in MUA for 2 more years, which I donot want.

My lawyer did tell me to go for CP, I think I will reconsider going through 824 and CP.

Thanks for your advise.
 
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