Mutilple I485's -Need suggestion

A

adam2Green

Registered Users (C)
Hi,

My current situation

Self

* Have approved I140 (EB3 Jun 2003) from previous employer
* I swicthed to a new Job on H1 to current employer (H1 valid till middle of next year)
* Perm applied by current employer and approved
* Current employer applied for I140 in EB2 catagory and requested PD of Jun 2003 based on my I140 from my earlier employment


Spouse
* Have pending AOS in EB3 PD Aug 2003, Holds EAD & parole based on this application
* I am derivative applicant in hers and have EAD & parole
* Switched employment by doing H1 transfer after 6 months of applying AOS
* Quit job recently so H1 is not valid anymore. Pending AOS is her only status

Questions:

I140
* Will i get the old PD (June 2003) for my new I140 (EB2) if my previous employer had revoked the old I140? I saw soft LUD in CRIS 1 yr after approval of My old I140. I am suspecting he has revoked but have no way of finding it.

I485
* Assuming that my I140 will go thru and will get the PD 0f June 2003, I will be eligible to apply for I485 starting August based on recent bulletin.
Attorney of my current employer suggested to withdraw both pending I485's originally applied thru my wife's process before applying
thru mine. The problem we have with this is that my wife will be out of status if we withdraw her AOS application before applying through mine. Am I right about this?
* Consider this scenario: While my AOS Application (thru my wife) is still pending, I apply for AOS for both of us next month through my process, once i receive the receipt notices for the I485s, I then withdraw the 485s applied through my wife's process. This way my wife is in status through out. Also any confusions or issues caused by multiple I485s will not be there as i withdraw the previous applications. What do you people suggest?
* The other option is that i can think of is to apply for H4 for my wife, then withdraw the 485s applied through her process and then apply for AOS for mine. The biggest concern i have with this is the timelines, by the time i get all this done, the cut off dates might move and i might not be eligible to apply for AOS. If we take this route, should we wait for her H4 approval before withdrawing the AOS applications or is it enough that i apply for H4, once i get the receipt notices i withdraw her applications and apply through mine? If this is possible it would save some time.
* My attorney used the term interfiling when discussing our options, my understanding is that we cannot do interfiling when we want to switch the primary and derivative in the pending AOS Applications. Am I wrong about this?
* Is there any other route that we can take that i am missing?

Your inputs would be highly appreciated.

Thanks in advance.
 
Last edited by a moderator:
adam2Green said:
Hi,

My current situation

Self

* Have approved I140 (EB3 Jun 2003) from previous employer
* I swicthed to a new Job on H1 to current employer (H1 valid till middle of next year)
* Perm applied by current employer and approved
* Current employer applied for I140 in EB2 catagory and requested PD of Jun 2003 based on my I140 from my earlier employment
----------------------------once your the PD becomes current for you you can apply Primary I-485.

Spouse
* Have pending AOS in EB3 PD Aug 2003, Holds EAD & parole based on this application
----------------------------do you mean your wife filed primary I-485?
* I am derivative applicant in hers and have EAD & parole

-------------------------that is ok.
* Switched employment by doing H1 transfer after 6 months of applying AOS
* Quit job recently so H1 is not valid anymore. Pending AOS is her only status

------------------------------ if you also filed your derivative I-485 with her Primary I-485 then you are also AOS pending status.

Questions:

I140
* Will i get the old PD (June 2003) for my new I140 (EB2) if my previous employer had revoked the old I140? I saw soft LUD in CRIS 1 yr after approval of My old I140. I am suspecting he has revoked but have no way of finding it.
----------------------------- if the lawyer requested to recapture the old PD by sending evidence of Past approved I-140 then you can retain old PD. it does not matter if past employer revoked I-140. but if USCIS revoked past I-140 due to fraud then you cant retain that PD.
I485
* Assuming that my I140 will go thru and will get the PD 0f June 2003, I will be eligible to apply for I485 starting August based on recent bulletin.
------------------------- you can apply your Primary I-485 if your PD becomes current.
Attorney of my current employer suggested to withdraw both pending I485's originally applied thru my wife's process before applying
thru mine.
----------------------------Why to withdraw the Pending I-485??? dont do this.
The problem we have with this is that my wife will be out of status if we withdraw her AOS application before applying through mine. Am I right about this?

---------------------dont withdraw your wife pending I-485 and your derivative I-485. lawyer is giving wrong advice.

* Consider this scenario: While my AOS Application (thru my wife) is still pending, I apply for AOS for both of us next month through my process, once i receive the receipt notices for the I485s, I then withdraw the 485s applied through my wife's process.
------------------------- if you apply your primary I-485 when your PD becomes current and you also file your wife dervative I-485 that is OK. just write your A# on your second I-485 (your A# is on your derivative I-485 filing reciept) your wife will write her A# on her Derivative I-485. what is the problem? one can have two I-485 Pending. Nothing in law prevent you filing second I-485. Many have two I-485 pending and many got approved.

This way my wife is in status through out. Also any confusions or issues caused by multiple I485s will not be there as i withdraw the previous applications. What do you people suggest?

----------------------------Dont withdraw the Derivative I-485 of you and Primary I-485 of your wife. why you want to do this? one can have two I-485 pending.

* The other option is that i can think of is to apply for H4 for my wife, then withdraw the 485s applied through her process and then apply for AOS for mine.
------------------------------Why you want to withdraw her I-485? dont do that. She has AOS pending status if her I-485 is pending.

The biggest concern i have with this is the timelines, by the time i get all this done, the cut off dates might move and i might not be eligible to apply for AOS.
-------------------------------But you have derivative I-485 pending and your wife has Primary I-485 pending. what is the problem??
If we take this route, should we wait for her H4 approval before withdrawing the AOS applications or is it enough that i apply for H4, once i get the receipt notices i withdraw her applications and apply through mine? If this is possible it would save some time.

* My attorney used the term interfiling when discussing our options, my understanding is that we cannot do interfiling when we want to switch the primary and derivative in the pending AOS Applications. Am I wrong about this?
* Is there any other route that we can take that i am missing?

Your inputs would be highly appreciated.

Thanks in advance.
Click to expand...
you are not clear why you want to withdraw your Pending Derivative I-485 and your wife Pending I-485? Why you want to do that ? you both have Pending I-485. if you want you still can file your Primary I-485 when your PD is current and she can also file her derivative second I-485 with you. one can have more than one I-485 pending.
 
Thanks for the reply Ginnu.

The reason for inquiring about withdrawing the pending I485s was because of the lawyer recommendation. They suggested this in the first place and they say that this causes a lot of confusion and delays, in fact if it is not going to pose a problem we would very much like to keep it the way it is.
 
adam2Green said:
Thanks for the reply Ginnu.

The reason for inquiring about withdrawing the pending I485s was because of the lawyer recommendation.
---------------------Lawyer is giving you wrong info. Many filed two I-485 and many file two I-485 (one primary and second derivative). I know about 5-6 cases in your situation who got approved. Nothing in law prevents you filing second I-485. Don’t believe the lawyer who says withdraw the pending I-485. Inform him that you will NOT withdraw the pending I-485(Primary) of your wife and your derivative pending I-485. If the lawyer don’t listen to you go to other lawyer or file I-485 directly when PD for you becomes current. Dont forget to write your A# on your second I-485 form and your wife should write her A# on her second I-485 form. No confusion about this. if PD of your wife is early then USCIS is going to Approve the that I-485 first and you will get your derivative I-485 approved at the same time. If you file second I-485 as primary and your spouse file second I-485 dervative and your PD is early then USCIS is going to approve your primary I-485 and your spouse derivative I-485. once your and your wife I-485 gets approved and you get Cards in hand you dont need to do anything (they will deny the other pending I-485 as one cant get two I-485 approved and they will find with your A# that you got i-485 approved)

They suggested this in the first place and they say that this causes a lot of confusion and delays, in fact if it is not going to pose a problem we would very much like to keep it the way it is.
Click to expand...

Dont withdraw pending I-485 of your wife or your derivative I-485.
Good Luck!!
 
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Thanks so much for your response Ginnu. Next month when my PD is current, we will go ahead apply. Thanks again.
 
All,

We got explanation from my attorney for her recommendation to withdraw AOS based on my wife's petition

My wife's AOS petition is in Nebraska Service Center and my AOS will be filed in Texas service center.

Attorney mentioned that when my AOS is processed they will try to bring in both my wife's and my case to local service center for processing which would delay my AOS process.

Hence she is recommending the withdraw AOS based on my wife.

Is this a valid concern ? Will it delay my processing time ?

Thanks in Advance
adam2green
 
adam2Green said:
All,

We got explanation from my attorney for her recommendation to withdraw AOS based on my wife's petition
-------------------------dont withdraw your wife pending I-485.
My wife's AOS petition is in Nebraska Service Center and my AOS will be filed in Texas service center.
------------------------It does not matter.
Attorney mentioned that when my AOS is processed they will try to bring in both my wife's and my case to local service center for processing which would delay my AOS process.
----------------------- wrong info.USCIS has its on criteria to transfer files to local USCIS office. Some time they give work to local office and transfer file and most of EB1 are transferred to local office.
My friend was in similar situation. His wife primary and his derivative I-485 was filed with VSC and when his PD became current then he filed his primary I-485 and his spouse derivative I-485 with NSC. His wife PD was early and his wife I-485 was approved by VSC and his derivative was also approved by VSC and both got Cards. After 1 years when his PD become current then NSC picked his I-485 for approval and by A# they came to know that he already approved by VSC and they sent letter that his I-485 is approved by VSC on date… and his NSC based I-485 is denied as per law one cant get two I-485 approved.

Hence she is recommending the withdraw AOS based on my wife.
--------------------Runaway from that lawyer and don’t withdraw the wife I-485.
Is this a valid concern ? Will it delay my processing time ?
----------------------------not a valid point.
Thanks in Advance
adam2green
Click to expand...
--------------------------
 
Folks,

Question 1:
Update from Attorney, they are asking us to withdraw pending AOS for both of us based on my wife,

This time the major concern from them is CRIS does not like duplicate AOS and might reject the newly filed AOS based on my process just because there is an already pending AOS.

I have never read anything on that ? but being a layman i am not sure either. Need you oinion on this.

Question 2:

We raised the concern to attorney that my wife will not be having a valid status for a short period if we withdraw her application and then file new AOS thru my process

Response from lawyer is :

* AOS does not provide any legal status so it dosent matter
* Her latest H1 approval has I94 validity till 2011, so she should be okay till then eventhough she is not working for the employer and H1 might have been revoked by now

This response confuses me, i thought if you quit your job and dont work for the employer holding h1b you will be out of valid status within 40 days and your I194s will be invalid.

Am i correct ? Can you stay in an II94 from an H1B eventhough you are not working for the employer and possbily the H1B might have been revoked ?


Thanks in advance
adam2green
 
adam2Green said:
Folks,

Question 1:
Update from Attorney, they are asking us to withdraw pending AOS for both of us based on my wife,
-----------------------Don’t agree to attorney and don’t withdraw pending I-485 of your wife and your pending I-485.
This time the major concern from them is CRIS does not like duplicate AOS and might reject the newly filed AOS based on my process just because there is an already pending AOS.
--------------------------That is absolutely wrong info from your Attorney. What is CRIS? Do you mean USCIS? USCIS gets fee for any I-485. What do you mean by like or dislike by USCIS? Do you mean the USCIS officer will reject your I-485 if he/she does not like your Photo attached with I-485? Or does not like the way you sign the petition? What kind of logic your attorney is giving you? USCIS ha nothing to like or dislike they are going to approve I-485 based on immigration law/regulations. Nothing in law state that one can’t file second I-485. Ask the lawyer to provide law and regulation and forget about what USCIS likes or dislikes according to your attorney.

I have never read anything on that ? but being a layman i am not sure either. Need you oinion on this.

Question 2:

We raised the concern to attorney that my wife will not be having a valid status for a short period if we withdraw her application and then file new AOS thru my process

Response from lawyer is :

* AOS does not provide any legal status so it dosent matter
----------------------wrong, pending AOS gives on Pending adjustment of status.
* Her latest H1 approval has I94 validity till 2011, so she should be okay till then eventhough she is not working for the employer and H1 might have been revoked by now

This response confuses me, i thought if you quit your job and dont work for the employer holding h1b you will be out of valid status within 40 days and your I194s will be invalid.

Am i correct ? Can you stay in an II94 from an H1B eventhough you are not working for the employer and possbily the H1B might have been revoked ?


Thanks in advance
adam2green
Click to expand...
----------------------Don’t withdraw your and your wife pending I-485.
You have a very bad lawyer and stop listing to her/his nonsense. When you want to file second I-485 you can file it directly or through other lawyer. If you plan to file directly post what info you need when your PD t and we will help you. Runaway from the attorney who says withdraw the pending I-485.
Nobody knows how the visa numbers are going to move in future read an interesting article from a good lawyer:

Adjustment Of Status Interview After Decades
by Cyrus D. Mehta

http://www.ilw.com/articles/2009,0702-mehta.shtm
 
Ginnu,

Thanks for your response, I am in chicken and egg situation

As per my employer i have to go thru this firm, cannot choose different firm/lawyer or file on my own.

Firm choosen by my employer is famous one, have great presence in AILA board

I have requested them to file my AOS,confirmed that we will not withdraw pending AOS based on my wifes process and confirmed we understand the process may be delayed but we are fine with it.

Time is the critical concern here , since my PD is current based on Sep bulletin.

Not sure what October bulletin is going to bring in.

Thanks & Regards
adam2Green
 
adam2Green said:
Ginnu,

Thanks for your response, I am in chicken and egg situation

As per my employer i have to go thru this firm, cannot choose different firm/lawyer or file on my own.

Firm choosen by my employer is famous one, have great presence in AILA board

I have requested them to file my AOS,confirmed that we will not withdraw pending AOS based on my wifes process and confirmed we understand the process may be delayed but we are fine with it.

Time is the critical concern here , since my PD is current based on Sep bulletin.
-----------------------file the second I-485.
Not sure what October bulletin is going to bring in.

Thanks & Regards
adam2Green
Click to expand...

Don’t withdraw pending I-485 of your wife and your I-485. Inform the lawyer that you are fine if delay in process but don’t want to withdraw pending I-485. Write your A# on your second I-485 form (your A# is on your I-485 receipt) your wife should write her A# on any petition she file. You will also write your A# on any petitions filed in future like I-485, for EAD form I-765, on G325A or for AP form I-131.

***Nobody can withdraw your pending I-485 petitions if you or your wife don’t sign letter to withdraw pending petitions. Read every form/ letter that lawyer sends you for your or your wife signature.
Good luck!!
 
Can i use approved I-140 ,for h1 extension when corresponding I485 is denied

All,

Can i use the approved I140 to get 3 yrs H1 ( i am in 9th yr of my h1 ) extension when I485 applied based on this I140 is rejected ? in other words if AOS is rejected does I140 and EAD all get voided ?

My case history is in the initial posting of this thread

Thanks & Regards
adam2Green
 
adam2Green said:
Can i use the approved I140 to get 3 yrs H1 ( i am in 9th yr of my h1 ) extension when I485 applied based on this I140 is rejected ? in other words if AOS is rejected does I140 and EAD all get voided ?
Click to expand...
If the AOS is denied the EAD is voided. But whether the I-140 is also voided depends on the reason for denial. In some cases the I-140 remains valid and you can just refile the AOS after denial, such as if the denial is because you filed the I-485 when your PD was not current, or the AOS was denied for medical reasons which you have since taken care of (e.g. you had tuberculosis when you filed AOS, but now you're cured).
 
Update on my status

We filed new set of applications for I485, EAD, Parole for both of us based on my employment. We did not cancel /withdraw AOS based on my wife's pending petition. We got receipt notices and completed finger printing for both of us. My priority date is current EB2 June 2003 is current, now waiting to hear back from USCIS. Thanks for all of you for contributing for this thread.

Thanks & Regards
adam2Green
 
adam2Green said:
We filed new set of applications for I485, EAD, Parole for both of us based on my employment.
We did not cancel /withdraw AOS based on my wife's pending petition.
---------Good.
We got receipt notices and completed finger printing for both of us. My priority date is current EB2 June 2003 is current, now waiting to hear back from USCIS. Thanks for all of you for contributing for this thread.

Thanks & Regards
adam2Green
Click to expand...
Good Luck!!

**Update us when your hear for your or your wife I-485 approvals.
 
Update on I-485
Our I485 petitions were transferred from TSC to NSC. My dates are still current (June 2003 EB2) There has been few SOFT LUDS after the transfer but no progression in case status.
 
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