Multiple 485s: Marriage Based 485 application while Employement Based 485 is Pending

resident1374 said:
Infopass no luck...they said the files are not yet transferred. The online status shows as I485 has been transferred but the IO said they are still waiting on the Alien Registeration File from TSC...not sure if they one and the same.

Quick question to all you had Employment based 485 and Family based 485 pending. Did you work during those time - if yes, did you use the EAD of family based 485 when you EB based 485 was pending?

TKD, Newid - on what status did you work? I am still on my H1B but I do have my EAD when I filed employment based and I also have the family based EAD.
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I am so sorry to hear this, you better get your congressman on this case asap! I dont understand why they are saying the files are not yet transferred when the online status states otherwise, and I think you should have asked them that question.
I was on H1b till September 2009, however I stopped using the H1b effectively in December 2008 when I got laid off from my job (the same employer that filled my green card in 2007), I have been using my EAD since then.
 
resident1374 said:
Infopass no luck...they said the files are not yet transferred. The online status shows as I485 has been transferred but the IO said they are still waiting on the Alien Registeration File from TSC...not sure if they one and the same.

Quick question to all you had Employment based 485 and Family based 485 pending. Did you work during those time - if yes, did you use the EAD of family based 485 when you EB based 485 was pending?

TKD, Newid - on what status did you work? I am still on my H1B but I do have my EAD when I filed employment based and I also have the family based EAD.
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Very sorry to hear about your situation. Did you get any transfer notice(in mail not email) when your EB case got transferred ? May be next time, you can take your transfer notice/email printout/online status printout to infopass appt and ask them why they still didn't receive those files ?

Regd my status, I worked on H1-B for the same employer who sponsored my EB-GC. I didn't apply for EAD.

Good luck and keep us posted.
 
Looks like I have wait for a long time. My wife (citizen) wrote a letter to the Senator yesterday. My I-485 interview was on Jan 21st...long time! The question I have is - I had applied for EAD when I filed my application for FB I485. But at the same time I also have the EAD of EB3 I485. NEVER used either of them. Working on my H1B for the past 9 years.

Anyway, what if I use my EAD (which I got when I filed FB 485) - the H1B gets cancelled correct? And if I get a full-time job on EAD, I don't think I have to file AC21 because I am using the FB EAD? Also, while I used FB based EAD does that mean that it will cancel the pending EB3 I485?
 
I am not sure about AC21, I neverfilled I when I changed my job, I just did not feel the need to give the uscis folks any more trouble than they needed. Having said thus, how can you have two active EADs? Do you have two alien numbers?? Perhaps that's where this problem is coming from. No matter how many paths you are taking to PR, you should have the same alien number and so should not be able to get another EAD while one is still active.
 
I just have one alien #. When I applied for I485 EB - I had applied for EAD; same thing with when I applied for FB - I got EAD.
 
resident1374 said:
Looks like I have wait for a long time. My wife (citizen) wrote a letter to the Senator yesterday. My I-485 interview was on Jan 21st...long time! The question I have is - I had applied for EAD when I filed my application for FB I485. But at the same time I also have the EAD of EB3 I485. NEVER used either of them. Working on my H1B for the past 9 years.

Anyway, what if I use my EAD (which I got when I filed FB 485) - the H1B gets cancelled correct? And if I get a full-time job on EAD, I don't think I have to file AC21 because I am using the FB EAD? Also, while I used FB based EAD does that mean that it will cancel the pending EB3 I485?
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I don't know about AC21 rules. But I don't think your EB based application should be affected if you use FB EAD. Technically, USCIS won't even know when you start using your either EAD.
I am in a similar situation. I have applied for a new FB EAD for my wife. She already has an EB based EAD which she has used/renewed for several years now. But once we get the FB EAD, we are planning on using that...This is just based on my personal opinion.. I didn't consult any lawyer..
 
grg2005 said:
I don't know about AC21 rules. But I don't think your EB based application should be affected if you use FB EAD. Technically, USCIS won't even know when you start using your either EAD.
I am in a similar situation. I have applied for a new FB EAD for my wife. She already has an EB based EAD which she has used/renewed for several years now. But once we get the FB EAD, we are planning on using that...This is just based on my personal opinion.. I didn't consult any lawyer..
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grg2005...finally someone who is in the same situation. This gives me enough confidence to use my FB EAD. Have you guys thought about withdrawing the pending EB 485?
 
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Its strange because from all what I have read, the USCIS will issue an RFE asking why you want another EAD if your alien # has an EAD attached to it already, except if the active one will expire within 120 days perhaps. having said that, I dont think you should withdraw anything, one does not affect the other. They will deny it when the time cmes to approve the FB one. I still think you need someone in congress ot help you cut through the red tape.
 
I must add that our FB EAD has not been approved yet. I filed for FB EAD concurrently with FB 485. The application has been accepted. We just did the fingerprinting. No RFE on EAD yet. Our EB EAD is still valid for another 8 months. I will post when I have more updates on EAD application.
 
Hello All,


Who is the best person to write to (congressman or senator) regarding the problem of not getting approved even after the interview.

I am just thinking, Wouldn't it be confusion if I write to both the people, if they both take action on the problem.




My timeline:
EB3 pending since Jun 2006.
08/30/2005 - Applied I130, (Wife was GC)
12/10/2009 - FB application sent(131, 485) , (Wife is USC)
03/30/2010 - Interview date - Newark,NJ
05/10/2010 - Biometrics done, IO requested at the interview
 
Beintouch4ever said:
Hello All,


Who is the best person to write to (congressman or senator) regarding the problem of not getting approved even after the interview.

I am just thinking, Wouldn't it be confusion if I write to both the people, if they both take action on the problem.




My timeline:
EB3 pending since Jun 2006.
08/30/2005 - Applied I130, (Wife was GC)
12/10/2009 - FB application sent(131, 485) , (Wife is USC)
03/30/2010 - Interview date - Newark,NJ
05/10/2010 - Biometrics done, IO requested at the interview
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I honestly contacted both of them, but the congressman's office seemed more serious. However, the senator's office asked me if I had contacted another official and I said I had.
 
I wrote only to the Senator and the office immediately responded. Remember this is the election year so write to them fast. They will be eager to help.
 
Well, I asked him about that...he said the system shows the files are still in Texas. I couldn't/didn't wanted to argue with IO...too tired.
 
I dont think he knows what he is saying. I had spoken with an IO in April, who assured me that my files were already in baltimore, but that was not the case. Some IOs also told me that they could not really tell the locaion of my files by looking at their system. I can imagine you are tired, but just hold on and keep calling them...sigh!
 
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