Please help, can i have two different I-485 based on different categories (EB and DV)

S

spiicy

New Member
Hi everyone, I really need your advice on having two I-485s pending at the same time. My husband and i applied filed our application concurently under schedule A on the 1st of september this year and our AP and EAD have been approved. We recently found out about the cut off number for the nov. bulletin and it looks like we might end up joining the EB3 so we are deciding on applying for another I-485 based on the DV lottery since we were among the winners of the 2007 lottery.
Please share your advice with us since we are confused right now and our visa number for the lottery will be current this november.
The question is can file for two I-485s and if yes what A# (number) do we put on the new form and what will happen to our approved AP and EAD?
 
spiicy said:
Thanks for your reply. I asked our attorney and he doesn't want us to go ahead with the lottery.
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huh?? that doesn't make sense.. fire him and hire a more rational attorney
 
why does he want you to abandon the lottery....isnt that much safer than any EB based because in a EB based your I-140 is subject to the petition by employer or some criteria.......where as the lottery is not subject to any criteria (as per my knowledge, correct me if i am wrong)
 
spiicy said:
Do you guys know if having an EAD and AP is based on I-140 or 485?
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I-485 is the base. You do not need a seperate EAD/AP even if you apply a second I-485.
 
tammy2 said:
I-485 is the base. You do not need a seperate EAD/AP even if you apply a second I-485.
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Hi Tammy2,
Thanks for the reply. I asked this because someone told me we will have to withdraw one of the I-485. We are think of withdrawing the Schedule A (EB) I-485 in case we are asked to drop one. But we were told that will mean loosing the AP and EAD that has already been approved for the EB I-485. Is this true? and it is really true that we can have two I-485s at the same time. What will be the A number we will use for the 2nd application? do we have to use the same one that was given for the schedule A I-485?
 
spiicy can you try to find out if it is possible to use your old 485 with your DV visa.........i have heard people doing it all the time (EB2-NIW gets approved but EB1 gets approved later....they link their EB1 with old 485......got to NIW & EB1 forum and ask this question)
 
techy2468 said:
spiicy can you try to find out if it is possible to use your old 485 with your DV visa.........i have heard people doing it all the time (EB2-NIW gets approved but EB1 gets approved later....they link their EB1 with old 485......got to NIW & EB1 forum and ask this question)
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Hi techy2468,
I will call and find out today, but i called yesterday and i was told that i can have two I-485s. Mine is EB3 schedule A so i don't know if i can link it however i will find out and let you know. Can you past the forum so that it can be easier tracing it. Thank you.
 
spiicy said:
Hi Tammy2,
Thanks for the reply. I asked this because someone told me we will have to withdraw one of the I-485. We are think of withdrawing the Schedule A (EB) I-485 in case we are asked to drop one. But we were told that will mean loosing the AP and EAD that has already been approved for the EB I-485. Is this true? and it is really true that we can have two I-485s at the same time. What will be the A number we will use for the 2nd application? do we have to use the same one that was given for the schedule A I-485?
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You do not need to withdraw. Just keep it pending. Just put A# while filing the I-485.
 
Do priority dates apply to Schedule A applicants?

Thanks you for your reply. I called TSC today and i wanted to know if my name check was done but the lady i spoke to asked me what my priority date was and since we filed under schedule A last month i told last month and she told me we will be waiting for a long time. Mean while a friend of mine who files a week before me has his I-140 and I-485 approved this week. My question is do priority dates apply to schuduele A applicants?
 
Do your friend applied concurrently under schedule A? Which service center?




spiicy said:
Thanks you for your reply. I called TSC today and i wanted to know if my name check was done but the lady i spoke to asked me what my priority date was and since we filed under schedule A last month i told last month and she told me we will be waiting for a long time. Mean while a friend of mine who files a week before me has his I-140 and I-485 approved this week. My question is do priority dates apply to schuduele A applicants?
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Ravinka said:
Do your friend applied concurrently under schedule A? Which service center?
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Yes he did it concurrently. Infact we have the same lawyer processed it for us. I couldn't believe it myself but well, some people are indeed lucky.I don't really know the service center but i believe it will TSC because we are 4 friends who started the application together with the same lawyer and at least i know three out of the 4 have their cases in TSC.
 
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