one 485 denied, another 485 pending, AP attached to denied 485 still valid?

[ququ]

I had filed a I485 based on my husband's pending NIW I140. His NIW I140 is requesting RFE. I applied for an AP based this I485. It will expire in July, 2007.

I myself have a approved I140. Based on this I140, I filed another I485. Now I have two I485 pending

My question is

If my husband's I140 is denied, our old I485 will also be denied. Is the AP based on that I485 still valid?

I plan to travel using AP this October, do I need to apply for another AP based on our newly filed I485?

Thanks, Goold luck to all of you!

 

[TheRealCanadian]

If my husband's I140 is denied, our old I485 will also be denied. Is the AP based on that I485 still valid?

Since you still remain eligible for an AP (due to the pending I-485) you should be OK.

 

[civ2ru]

Since you still remain eligible for an AP (due to the pending I-485) you should be OK.

I do wonder though... An AP has a receipt number printed on it... Would it show up as linked to a denied I-485 at POE (in the case the 1st I-485 should be denied)? What do you think?

Of course, she can bring a copy of her new I-485 filing receipt along...

 

[immiq]

Since you still remain eligible for an AP (due to the pending I-485) you should be OK.

Can one AP be used for two I-485? Is the AP transferable?

 

[TheRealCanadian]

I do wonder though... An AP has a receipt number printed on it... Would it show up as linked to a denied I-485 at POE (in the case the 1st I-485 should be denied)? What do you think? Of course, she can bring a copy of her new I-485 filing receipt along...

There is a possibility that this might happen, but as your correctly suggest, bringing a copy of the other I-485 receipt should allow the POE to validate that it remains pending.

 

[ginnu]

I had filed a I485 based on my husband's pending NIW I140. His NIW I140 is requesting RFE. I applied for an AP based this I485. It will expire in July, 2007.

I myself have a approved I140. Based on this I140, I filed another I485. Now I have two I485 pending
------------- did you have same A# on both I-485 reciepts??
My question is

If my husband's I140 is denied, our old I485 will also be denied.
----yes
Is the AP based on that I485 still valid?
-----------NO, but you have other I-485 pending and both the I-485 have same A# then they can check that you have other I-485 pending. better apply for AP based on your I-485.
I plan to travel using AP this October, do I need to apply for another AP based on our newly filed I485?
------------ I will do that as back up, nothing is guaranteed these days POE officer may create problems if earlier filed derivative I-485 gets denied.

Thanks, Goold luck to all of you!

 

[ququ]

I just submitted my new I485 and haven't got the receipt notice. On the new I485 application form, I wrote the A# from the old I485, so the A# should be the same on two 485.

So, if the A# is the same do I need to apply for a new AP?

Thanks for your answer.

 

[immiq]

I just submitted my new I485 and haven't got the receipt notice. On the new I485 application form, I wrote the A# from the old I485, so the A# should be the same on two 485.

So, if the A# is the same do I need to apply for a new AP?

Thanks for your answer.

You had better to wait see how the USCIS will handle your two I-485s before people make any guess for you. However, you can see how young that little chicken is, who answered “Since you still remain eligible for an AP (due to the pending I-485) you should be OK.” Don’t know where this young chicken learned that, probably his latest invention. Be very careful of his posts. Isn’t it good for you to follow the different reply if you know your husband I-485 will be denied?

Is the AP based on that I485 still valid?
-----------NO, but you have other I-485 pending and both the I-485 have same A# then they can check that you have other I-485 pending. Better apply for AP based on your I-485.