Multiple I-485

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prakumar

Registered Users (C)
I am in a complicated situation...

Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.

So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?
 
prakumar said:
I am in a complicated situation...

Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.

So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?
Click to expand...

i hope Mr Rajiv Khanna answers more questions on multiple 485 filings...
 
delhiguy79 said:
i hope Mr Rajiv Khanna answers more questions on multiple 485 filings...
Click to expand...

On immigrationvoice.org one of his clients said that it was ok per Mr rajiv Khanna (see Pappu's post on multiple I-485 filings). They apparently do this all the time, and there is no issue. USCIS allows this
 
I am doing it

One of our community members brought this discussion to my notice. Here are my thoughts on I-485 multiple filings.

The way I see it, there is NO law that says I cannot multiple file. The fact that CIS "discourages" this practice is not my problem. If my client stands to gain by multiple filing, I will do it. Now, If it were the year 2005, I would be much more assertive and say if CIS rejects one of my cases I will take them to court, but since the advent of the Real ID Act, it has become very difficult to sue CIS except on the issues of law and constitution. To me, a rejection would be an issue of law. So if they give us grief, we will probably still see them in court.

I have done multiple filings, where needed, since 1993. I have never had a major issue. If I have one now, it may cause delays and problems, but that is a risk I (and our client community) is willing to take.

I hope this clarifies things. Good luck all.
 
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