Multiple I-485 : UN/Ginnu/RealCanadian Please help ASAP

J

jambalakadi1

Registered Users (C)
Hi Gurus .. UN/ginnu/Real Canadian/anyone
I am exploring the possibility of another GC process in parallel using my Wife as primary applicant and me as derivative.

My case is retrogressed in EB3.
I applied I-485 and I am primary and my wife is my derivative. We both got EAD's and I dont have H1-b anymore. I am using My EAD. My wife also got EAD but never used it. Her H4 is also expired.

Now Can my wife start another GC in parallel. In this case my Wife is primary and I will be derivative. My wife is PT (physical therapist) and there is no retrogression for PT's. Labor Certification is also not required. I-140 and I-485 will be applied concurrently.

Is it possible to start a completely different GC process? how does this work.

pelase reply.
 
jambalakadi1 said:
Hi Gurus .. UN/ginnu/Real Canadian/anyone
I am exploring the possibility of another GC process in parallel using my Wife as primary applicant and me as derivative.

My case is retrogressed in EB3.
I applied I-485 and I am primary and my wife is my derivative. We both got EAD's and I dont have H1-b anymore. I am using My EAD. My wife also got EAD but never used it. Her H4 is also expired.

Now Can my wife start another GC in parallel. In this case my Wife is primary and I will be derivative. My wife is PT (physical therapist) and there is no retrogression for PT's. Labor Certification is also not required. I-140 and I-485 will be applied concurrently.

Is it possible to start a completely different GC process? how does this work.

pelase reply.
Click to expand...

You can do that. Also you file I-140 and after the approval you ask for swapping underplaying I-140. While applying verify it will have same A#
 
jambalakadi1 said:
tammt thank you..

can you please explain in detail. Why would I swap I-140. Second GC primary is my Wife.
Click to expand...
---- what tammy meant is that your wife can file I-140 and once her I-140 is approved that I-140 be the base of her pending I-485 she will become primary applicant but that needs a good lawyer to do it.

OR
* your wife CAN file I-140 and I-485 as primary and you file second I-485 as derivative ( that is allowed and one can have two I-485 pending nothing in law prevents filing second I-485)
*** your wife need to write her A# on I-140 and I-485 and you also need to write A# on your derivative I-485 and on the form Tick that ohers I-485 is pending and provide the reciept # of pending I-485 form
 
ginnu

Hi Ginnu,

Thank you for your help.. I want to go for 2nd option. Are there any risks here in future? We have EAD's and AP's using my GC process.

1. Which EAD and AP should I use ( using my I-485 primary?)
2. Which EAD and AP should my wife use (using her I-485 primary ?)

Can you please tell me if there is any possibility of denial ?

Thanks
 
jambalakadi1 said:
Hi Ginnu,

Thank you for your help.. I want to go for 2nd option. Are there any risks here in future?
--no
We have EAD's and AP's using my GC process.
--------------- that is ok
1. Which EAD and AP should I use ( using my I-485 primary?)
------------- you can use any AP beased on your primary I-485 or dervative I-485
2. Which EAD and AP should my wife use (using her I-485 primary ?)
---------------- any EAD based on her derviative I-485 or her primary I-485
Can you please tell me if there is any possibility of denial ?
----------------- if her I-140 is denied then her primary I-485 will be denied and EAD AP based on that I-485 will also denied but she will have her other derivative I-485 pending and she will be OK as she has AOS pending.
I dont know full details of YOUR I-140 status , if YOUR I-140 is approved and I-485 hits pending 180 days you are safe and keep extending your EAD, wife EAD, your AP wife AP based on that I-485.
Thanks
Click to expand...
 
Last edited by a moderator:
jambalakadi1 said:
I want to go for 2nd option. Are there any risks here in future?
Click to expand...

USCIS might get confused and deny them both.

Why do you insist on wasting money by filing a duplicate and totally unnecessary second I-485, and making the backlogs worse for everyone else?
 
TheRealCanadian said:
USCIS might get confused and deny them both.

Why do you insist on wasting money by filing a duplicate and totally unnecessary second I-485, and making the backlogs worse for everyone else?
Click to expand...

Actually in this case for my wife's case (wife as primary and me as secondary) I would go for consular processing.
 
TheRealCanadian said:
USCIS might get confused and deny them both.

Why do you insist on wasting money by filing a duplicate and totally unnecessary second I-485, and making the backlogs worse for everyone else?
Click to expand...
Why the USCIS will reject the I-485, Just because person has filed second I-485?
That is wrong info. My friend was on H1 and his wife was also on H1, both worked with different employers. My friend LC was in EB3 and he filed I-485 with I-140 and his wife filed her spouse I-485 with him at TSC. Then the spouse LC was approved in EB2 and wife filed I-140 and I-485 with VSC and husband filed derivative I-485. Last month wife I-485 and my friend derivative I-485 were approved by VSC. And the I-485 filed with TSC are still pending because my friend is EB3. His lawyer told him that as both have got I-485 approved from VSC and got passports stamped the TSC will find with A# that they both got GC approved then TSC will deny the pending I-485.
That is wrong information that one can’t file second I-485. NYC based lawyer filed the second I-485. If one does not care about second I-485 filing fees and has the good option to get GC early nothing is wrong filing second I-485 derivative/primary.
Other alternative is to file wife I-140 with CP option and again it depends on original poster if he/she wants to go for CP
 
Ginnu is correct

I talked to two immigration attorneys and they said the same.
we can file 2 I-485's as long as they are not related. I am not planning for CP.

I understand cases like these will cause a backlog. But I am doing this in my best interest. My employer is stupid and can revoke my approved I-140 if I use AC21 and USCIS will deny my case. even though I am correct I have to go through the pain of MTR.

Wasting some money for piece of mind is not a bad thing and I dont see any reason why not? I can always make money but chances like these never come. If you are a Physical therapist or Nurse and you have all required docs and test scores you will get GC in 7 months. ;)
 
jambalakadi1 said:
My employer is stupid and can revoke my approved I-140 if I use AC21 and USCIS will deny my case. even though I am correct I have to go through the pain of MTR.
Click to expand...

In almost all circumstances USCIS will NOT revoke the original I-485 in the case of an I-140 revocation - and if there is a second I-140 it is almost unheard of. These happened in the early days of AC21 but it's pretty much settled law and regulation how to handle them now.

Wasting some money for piece of mind is not a bad thing and I dont see any reason why not?
Click to expand...

If you wish to waste several hundred dollars in filing and attorneys' fees for unnecessary security, you are more than welcome to. You will find, however, that your life becomes much simpler if you do not spend money unless you need to. ;)
 
jambalakadi1 : I am also in same situation as you are. My case is EB3, I-140 approved and it's more than 180 days since I-485 is pending. My wife also falls under schedule A program where there is no retrogession and labor required. I am also thinking to file for another I-140, 485 on my wife's basis.
I know there are bunch of agencies to file for I-140, 485 in healthcare so far I haven't seriously contacted any of them but if you did so, would you mind sharing details who can file for 140, 485 on my wife's basis who is a PT. she is already working on EAD.
 
Here is the details.
I was filed under EB3 with substitue labor. EAD, I-140 approved 5 months back. I-485 is pending for more than 180 days. My wife is PT, who was on H-4 and now working on EAD (based on my EB3 GC application). I am planning to search for an agency who can file for I-140, I-485 for my wife being primary and me secondary as GC process under schedule A is much faster. With retrogession I don't know how long would be my wait to get GC based on my EB3 application and I am bit hesitate to invoke AC21 as employer would try his all possible ways to interrupt/revoke my pending I-485, although I know that under new AC21 I am fine but for the sake of avoiding any legal issues, tensions I am planning for applying for my wife, who is a PT. I will begin my searh but let me know if you know any agency to file for my wife's I-140, 485 under schedule A program.
 
ginnu please reply

Following is from Shustermans June 2005 Visa Bulletin
http://shusterman.com/jun05.html#1

Please see the the BOLD paragraph.
my questions are on the bottom of this post.


1. 50,000 Visas for RNs and PTs are Now Available
On May 11, 2005, President Bush signed a law permitting the recapture of 50,000 green cards under the Employment-Based 3rd (EB-3) category for Registered Nurses, Physical Therapists and their spouses and children.
Today, June 7, 2005, the State Department issued a Supplemental June 2005 Visa Bulletin. The Visa Bulletin adds a new "Schedule A" subcategory to the EB-3 category. The new Schedule A subcategory shows a "current" priority date for all RNs and PTs which allows them to immediately apply for permanent residence.

Health care employers have been busy complying with the new notice and prevailing wage determination requirements imposed by PERM on March 28. While most State Workforce Agencies (SWAs) are processing prevailing wage requests within a few days, at least one is taking up to two months to respond.

The Supplemental Visa Bulletin affects RNs and PTs in different ways:


For RNs and PTs residing outside the U.S. whose I-140s have been approved, and where the National Visa Center has forwarded their applications to U.S. Embassies and Consulates in the Philippines, India and China, they could be receiving interview notices beginning in the next few weeks.

For family members of RNs and PTs residing abroad, if the RN/PT in the U.S. has adjusted her status, the retrogression is now over, and they may be scheduled for immigrant visa appointments to "follow to join" their relative in the U.S.

For RNs and PTs presently in the U.S. in valid nonimmigrant status, they are able to submit I-140/485s to their regional CIS Service Center starting immediately assuming that all applicable notice and prevailing wage determination requirements have been complied with.

For RNs and PTs presently in the U.S. whose nonimmigrant status expired during the retrogression period (since January 1, 2005), they may still be eligible to submit applications for adjustment of status under section 245(k) of the law as long as their failure to maintain status or their period of unauthorized employment does not exceed 180 days in the aggregate since their last admission to the U.S. RNs and PTs who are eligible for adjustment of status under section 245(i) may also apply for benefits under the new law.
We complement both the State Department and the CIS for implementing this new law so quickly.

Our law firm begin submitting applications for adjustment of status for RNs and PTs born in the Philippines, India and China today. We link to the Supplemental June 2005 Visa Bulletin at


1. My wife is in AOS ( derivative) and h4 expired few months back.
is AOS considered as non-immigrant status or what?

2. Is my wife eligible to apply for I-140/I-485 concurrently according to Shusterman's newsletter?

Please respond this is important.
 
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