Is it possible to file two I-485?

G

goodlucj

New Member
My first I-485 was filed on 6/02, based on
approved I-140 and labor cert.

Now I got another I-140 approved based on EB1-EA.

I am wondering if anything I can do to take advantage
of the second-140 approval.

Any suggestions are appricaited. Thanks!
 
You cannot file

for two 485.........................

File the one which has max amount of success
 
you can file 2 485s based on different job description. But BCIS might reject one or both- citing the duplicate application.
You should decide to convert one to CP.
 
Originally posted by ginnu
Please read other posting you can file two I-485 if they are based on diffrent LC and difrent employer offer of future job
read below
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But:

At the time of I-485 filing you must have intent to work for the petitioning employer. You cannot intend to work for both I-485 sponsors, so BCIS will ask:

"Were you lying on your first adjustment application, or your second?"
 
At the time of I-485 filing you must have intent to work for the petitioning employer. You cannot intend to work for both I-485 sponsors, so BCIS will ask:

"Were you lying on your first adjustment application, or your second?"
---Many employers can sponsor one for future Employment; employer shows the intent to hire when he files I-140
--- Employee files I-485 based on that I-485 and employee could change intent any time after filing I-485
--- The person is not lying on second I-485 many have other issues like if the previous I-140 is approved and I-485 is pending the person may be still in confusion if he can use AC21 as recent BCIS Memo clarified few points related to I-180 days but what is same/similar job is still not defined.
--- The person can file second I-485 both the I-485 will not be having PD of same date, what ever is approved first one accepts that and once GC is stamped on PP then all other pending I-485 or I-140 with CP option automatically become void.
I know a case the person had I-140 approved from VSC and filed I-485, he then left the company A who filed I-140 and his I-485 was based on I-140 of A (he was not clear if he can use AC21 or his employer may revoke I-140)

He then joined company B by H1 transfer got new LC approved, filed I-140 and I-485 concurrently with NSC as employer H.Q is in NSC. The lawyer who filed it is reputed lawyer, the lawyer told the client that once I-140 of company B is approved that can also be attached with pending I-485 with VSC and request can be made that please approve this I-485 on based on I-140 approved by B

Nothing is illegal in filing second I-485, one has reasons to file it and employee is ready to spend on medicals and pays the lawyer fees, if he gets peace of mind he can file second I-485 and it is not illegal
 
Originally posted by ginnu
[BThe person is not lying on second I-485 many have other issues like if the previous I-140 is approved and I-485 is pending the person may be still in confusion if he can use AC21 as recent BCIS Memo clarified few points related to I-180 days but what is same/similar job is still not defined.[/B]
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If an alien files a second I-485, then one of two cases is true:

1) They no longer intend to work for the first sponsor, and the I-485 should be considered withdrawn by BCIS

2) They intend to work for the first sponsor, and are therefore lying on the second.

There is no third possibility. Therefore your next statement:

what ever is approved first one accepts that and once GC is stamped on PP then all other pending I-485 or I-140 with CP option automatically become void.
Click to expand...

.... cannot be true. You cannot pick and choose your offers, and you cannot intend to work for whichever sponsoring employer gets approved first.
 
I agree with Ginnu

I have talked to my lawyer few days back regarding this issue of second I-485 filling, lawyer said it is not illegal, one can file new I-485 if past filed I-485 is based on different LC or different employer.
I have filed my second I-485 based on different employer LC and did new medicals; fee for I-140 and I-485 is borne by my employer. I don’t have any issues for this second I-485 filing and pending. Now please don’t tell me I wasted money on fees or lawyer fees, I wanted to waste, it is my money or my employer money nothing to do with others. Your Suggestions that BCIS may ask this or that will be answered by my lawyer if asked. In earlier thread you were posting that it is wastage of money, what is your problem if one wants to waste money?
If you can give any link to AFM, or INA that prevents second I-485 filing and supports your arguments then post. It is your opinion and law is different and I hope my lawyer knows more than you.
 
Originally posted by Avtaar
of second I-485 filling, lawyer said it is not illegal, one can file new I-485 if past filed I-485 is based on different LC or different employer.
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The second filing in and of itself is not illegal, however BCIS will rightfully question your first I-485. I highly doubt if your first adjustment petition would survive. Adjustments must have the basis of intent behind them to remain valid.

In earlier thread you were posting that it is wastage of money, what is your problem if one wants to waste money?
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If you want to waste your money when you don't need to, I certainly don't have a problem with that.

If you can give any link to AFM, or INA that prevents second I-485 filing and supports your arguments then post. It is your opinion and law is different and I hope my lawyer knows more than you.
Click to expand...

I've seen enough on how the law works and what other attorneys have said on the matter to believe that there is a reasonable probability that BCIS may take the same view as me. Your attorney holds a different view - and I could round up a dozen attorneys, and get a dozen different answers on the subject.

BTW, I hope he knows more than me; you're paying him substantially more than you're paying me. However, given your stated indifference to wasting money I sure hope he's worth it. ;)
 
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