Please Help!! Attorney Suggesting we file another I-130 along with I-485

E

endretro

Registered Users (C)
Here's my situation..

I am in the US on an H-1B visa valid till 2016. I got married to a US Green Card Holder a year back. She has applied for I-130 and its in pending status. I have receipt for the I-130 filing. In August my "visa number" is current so planning to file for I-485. My plan was to apply for I-485 with the copy of the I-130 receipt..I consulted with an attorney today and he is "strongly" recommending that I file another I-130 with the I-485. Does this makes sense? Do I have to apply for another I-130 along with I-485 when I have one pending?

Please advise.
 
There is absolutely no need for a new I-130, and it would be very stupid to do that. Just file the new I-485 in August, and keep the old I-130 (include a copy of the I-130 receipt notice with the I-485 application).

The cutoff date for family 2A probably will not remain current for long, and when it retrogresses you'll be better off with an older I-130.
 
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Jackolantern said:
There is absolutely no need for a new I-130, and it would be very stupid to do that. Just file the new I-485 in August, and keep the old I-130 (include a copy of the I-130 receipt notice with the I-485 application).

The cutoff date for family 2A probably will not remain current for long, and when it retrogresses you'll be better off with an older I-130.
Click to expand...

The probable reason why the lawyer recommended that is, technically, a literal reading of category "a" on I-485 does not apply to the OP's situation (have an I-130 filed that is not approved). The wording of category "a" only includes 1) if you have an approved petition, or 2) if you are submitting a petition with the I-485, neither of which is the OP's case.
 
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