Independent 485/140 filing for me and my husband

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kavita23

Registered Users (C)
Folks, I'd appreciate any guidance you could provide..
Thanks in advance...

Background:
-----------------
- My husband's labor certification recently got approved.
- My employer is willing to transfer a pre-approved labor certification to me.
- My husband's job is shakey and his employment could get terminated in a few months time.

Questions
----------------
- Can both of us initiate 140/485 filings independently (with each other as dependents in both applications) with the goal that whose ever processing goes faster, we'll go with it ?
- Would there be a problem if both of us get two sets of EADs and Travel Docs? (that is, if my husband remains gainfully employed thru this process)
- At what point would we be required to withdraw one of the petitions ?

Once again, my sincere gratitude for any assistance any of you could provide..

Thanks & Reagrds,
Kavita
 
Last edited by a moderator:
Originally posted by kavita23
Folks, I'd appreciate any guidance you could provide..
Thanks in advance...

Background:
-----------------
- My husband's labor certification recently got approved.
- My employer is willing to transfer a pre-approved labor certification to me.
- My husband's job is shakey and his employment could get terminated in a few months time.

Questions
----------------
- Can both of us initiate 140/485 filings independently (with each other as dependents in both applications) with the goal that whose ever processing goes faster, we'll go with it ?

----- YES, that will be the best option.
- Would there be a problem if both of us get two sets of EADs and Travel Docs?
-------NO problems, you are paying the fees and they are not sending you AP, EAD free and it is legal becasu base of EAD AP is pending I-485.

****** dont send the YOUR husband and Your case (as primary) I-485, EAD, AP on SAME day.
First let your husband file his I-140 , I-485, EAD, AP and you file your I-485, EAD, AP as derivative with his filings.

Once you both get I-485 filing reciepts you will have A# on your I-485 filing reciepts
when you file your I-140, I-485,EAD AP and with your spouse as derivative I-485, EAD AP then you both must write your A# on all the forms and your husbend will write his A# on his forms of I-485, EAD, AP
----------------------------------------------------------------------
(that is, if my husband remains gainfully employed thru this process)
- At what point would we be required to withdraw one of the petitions ?
------------------- No need to withdraw, once any I-485 gets approved and you both get GC stamp other I-485 will be automaticaly abondned they will check your record in USCIS computer with your A#

Once again, my sincere gratitude for any assistance any of you could provide..

Khush rahooo!!
Good Luck!!
Click to expand...
 
Ginnu, Thanks a bunch for your reply. I am re-stating my understanding of your suggestion just so that we are on the same page. Please confirm or correct my understanding.. Another piece of information is that my husband will do processing in Vermont (labor =maryland) and I will do in Nebraska (labor=illinois)

Your suggested steps
--------------------------------
Step 1: My husband files 140,485,AP and EAD thru his employer. I will be a dependent in this 1filing.
Step 2: My husband receives receipt from INS for these petitions.
Step 3: After we receive the abome-mentioned receipts, I proceed with the 140,485,AP and EAD thru my employer. My husband will be the dependent in this filing. In our applications, we write the Alien number as the one we recd in Step#2 receipt
Step 4: My husband receives EAD and AP for him and for me
Step 5: I receive EAD and AP for me and for him
Step 6: Once one of our 140/485 is approved, the other one automatically becomes invalid since they will search using Alien number as key.

Couple of questions that persist in my mind are

(1) Based on the above, it is likely that we will have two sets of EADs and APs. Is that OK ? Which one should we consider to be the "true" documents ?
(2) Are there any other issues/complications in both husband and wife filing independently for GC ?

Thanks a lot for your help. Truly appreciate it..
Kavita
 
Based on the above, it is likely that we will have two sets of EADs and APs. Is that OK ? Which one should we consider to be the "true" documents ?
Ginnu is right in his advice, But since it is not necessary to apply for AP and EAD with both the applications. So dont, and save some money and headaches. Whichever I-485 you apply for first, apply for EAD/AP with that and not with the second. That should take care of the confusion.
While travelling etc u can always carry the I-485 notices associated with the EAD/AP.

Second please make sure with the laywers that you can apply for two I-485. I remember from chat sesions on murthy.com(search old transcripts) that it cannot be done. Att. Murthy advised instead to opt for CP in the other application. You withdraw the pending application when one gets approved.

Hope this helps.

(2) Are there any other issues/complications in both husband and wife filing independently for GC ?
 
There is no need for two seperate I-485s per person. This causes USCIS confusion, and it contributes to delays for all of us folks who must suffer since you are giving them unnecessary work to do.

File an I-485 based on your own I-140. Should anyone's employment situation get dicey, then they can request amendment of their I-485 to be a beneficiary of the other's.
 
Originally posted by kavita23
Ginnu, Thanks a bunch for your reply. I am re-stating my understanding of your suggestion just so that we are on the same page. Please confirm or correct my understanding.. Another piece of information is that my husband will do processing in Vermont (labor =maryland) and I will do in Nebraska (labor=illinois)
------ that will be OK
Your suggested steps
--------------------------------
Step 1: My husband files 140,485,AP and EAD thru his employer. I will be a dependent in this 1filing.
--- correct
Step 2: My husband receives receipt from INS for these petitions.
----- correct, you will also recieve the reciepts for your I-485(dervative) EAd AP filing
Step 3: After we receive the abome-mentioned receipts, I proceed with the 140,485,AP and EAD thru my employer.
---Correct
My husband will be the dependent in this filing. In our applications, we write the Alien number as the one we recd in
--Correct
Step#2 receipt
Step 4: My husband receives EAD and AP for him and for me
--Correct
Step 5: I receive EAD and AP for me and for him
--Correct
Step 6: Once one of our 140/485 is approved, the other one automatically becomes invalid since they will search using Alien number as key.
----Correct
Couple of questions that persist in my mind are

(1) Based on the above, it is likely that we will have two sets of EADs and APs. Is that OK ? Which one should we consider to be the "true" documents ?
------ all are True, all EAD or AP are based on pending I-485, you can use Any EAD any AP

(2) Are there any other issues/complications in both husband and wife filing independently for GC ?
------NO, other poster mentinted that filing two I-485 is wastage of money, he posted the same 6 months back same to other person, nothing is illegal in filing two I-485, if the base of I-485 is diffrent LC, I-140 and diffrent employer. You have to play safe suppose if your I-140 is denied( your case risky as it will be based on Labor substitution) then your I-485 ,EAD, AP all will be denied then you will have your dervative I-485 through spouse pending as back up and you will be in status and safe as you have other I-485 pending. same with your spouse if his I-140 has any problem then he will have derivative I-485 pending
I have seen many posting that it is wastage of money to file two I-485 they dont understand your situation( you are not asking the money from others), other poster has suggested that if you file two I-485 then it will slow the USCIS processing times for others. your two I-485 filing are not going to slowdown the I-485 processing for others , even if it slows let it get slow you or your spouse waited for LC approval many months, does it mean you will write others please dont sumbit your LC it will slow my LC processin?? will anybody care? you need your protection and you want to play safe and you are not asking anybody for the money for two I-485 filings, you like to spend your money for your saftey and it is not wastage.

Other poster has suggested that he read in Murthy chat it that it can not be done(murthy Chat is NOT legal advice and it changes with the times as immigration law is changed or she gets new updates from USCIS). for his info I want to let him know that Murthy office has filed recently two I-485 one based on wife LC approved and other based on husband LC approved, she just asked if they PREFER to file one case for CP and other for AOS.They told they prefer to file both cases AOS as they see risk with CP ( fear of lossing job before CP interview and with CP no AC21, no appeal, no motion to reopen), then she filed both the I-485, nothing is in law/regulations that prevents two I-485 filing if one is based on employer A LC and the other is on employer B LC. Poster must show me the law/regulation that says one cannot have two I-485 pending at the same time. Many in your case have two I-485 pending for saftey and you have the right to protect your self . one can have more then one LC filed, one can have many I-140 filed for you by diffrent employers, one can have more than one I-485 pending and nothing is illegal in that. one can also file new LC after filing I-485
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Ginnu,

Thanks a million for your reply. It's very informative. You've laid out the facts in a very lucid manner.

Once again, thanks for your assistance,

Regards,
Kavita
 
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