Multiple I-485 Filing - EB and FB

S

ssphydind

New Member
I'm on H1B and my wife on H4. My I-140 was approved and have an employment-based I-485 pending (EB3).
My wife’s father has filed I-130 for her and included me in the petition. Current status:
I-130: Approved February 2002, Priority Date: 24 November 2000, Current Priority Date: December 2000
I am wondering if we can file another I-485(Family Based) based on the approved I-130 now.
Will this be an issue/what are the implications due to the pending employment-based I-485?
Any information/input/experience would be greatly appreciated.
 
No, one can file as many applications as their wish. There is no problem, unless a misrepresentation is involved, i.e. married/unmarried and so on.
 
You can file family based I-485 if dates are current but then you have to withdraw employment based I-485. There cannot be 2 I-485's pending.
 
Similiar situation ...

Hi,

This is my first time posting, so sorry if I'm breaking any forum etiquette by adding my question to an existing thread, but I'm have a similar issue with 2 I485s:

Since 2004ish I've been on an H-1B with work and I have an employment based I-485 pending. In fact, I just had my first biometrics appointment earlier this month (which by the way, took only 15 minutes!). I say first because the attorney who filed the work I-485 says I will have to go again before the process is completed.

In June, I got married to a US Citizen (who also happened to be my college girlfriend for the past 8-9 years!) and we decided to file for a marriage based I-485. We also used the extremely helpful "Do it yourself" posting on this forum and everything is falling into place. We are just a few days from dropping the completed package in the mail and crossing our fingers!

Well now for my question: Since I just had my biometrics done for my employment based I-485, is there anyway I can save time (and $$$) by pointing that fact out when I submit my marriage based package? I was thinking of putting a photocopy of the biometrics notice I received (with the biometrics processing stamp I got when I showed up at the center) and attaching a note. I also have broken the I-485 fee up into two checks (one for filing: $930 and one for the biometrics: $80). Will doing this speed up the process? Will it cause more confusion and harm then help? I also read on this forum that using my work based I485's USCIS A# is ok, so I have also been using it on all the marriage based forms (instead of writing "none").

I don't mind paying the $80 and getting the whole thing done again, but if its worth a shot, I don't mind trying it. :)

This was longer then I anticipated, but thanks in advance!
 
If you do new AoS (family-based) you MUST pay all fees including biometrics. I did submit AoS twice too (6 months difference) and I was required to take biometrics for the 2nd time as well.
 
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