possible two I-485 pending?

N

Newhope2005

Registered Users (C)
My Employer is going to file OR for me and my attorney suggested filing concurrently with I-485. However, i have filed a NIW I-140 together with I-485 a month ago, self petition. My attorney said it is OK to file another I-485.
However, i read through the forum and found it is NOT allowed to file multiple I-485???
Can anyone clear this up a little?
Will two I-485 mess up my cases?
Thanks a lot.
 
Newhope2005 said:
My Employer is going to file OR for me and my attorney suggested filing concurrently with I-485. However, i have filed a NIW I-140 together with I-485 a month ago, self petition. My attorney said it is OK to file another I-485.
However, i read through the forum and found it is NOT allowed to file multiple I-485???
Can anyone clear this up a little?
Will two I-485 mess up my cases?
Thanks a lot.
Click to expand...


According to my lawyer it will mess up a case and he strongly recommend not to submit two I-485 at the same time for one person.
 
If something wrong with your NIW or your second I-140 get approved faster than NIW, you can transfer your I-485 onto second I-140 ( interfiling I-485) but be sure to keep your non-immigration visa until I-485 approval!
 
no such rule, in current retro, it is better to file 2 485

we are all messed up already with no hope for near futurre. once your 140 is aproved then withdraw the other 485 if you so desire, there are plenty of years to get things in order even if they get little confused at CIS end
Newhope2005 said:
My Employer is going to file OR for me and my attorney suggested filing concurrently with I-485. However, i have filed a NIW I-140 together with I-485 a month ago, self petition. My attorney said it is OK to file another I-485.
However, i read through the forum and found it is NOT allowed to file multiple I-485???
Can anyone clear this up a little?
Will two I-485 mess up my cases?
Thanks a lot.
Click to expand...
 
Last edited by a moderator:
nato said:
we are all messed up already with no hope for near futurre. once your 140 is aproved then withdraw the other 485 if you so desire, there are plenty of years to get things in order even if they get little confused at CIS end
Click to expand...

Well Nato, I am not sure whether this advice will be feasible!!! When one can transfer I-485 why file two? Experts have been commenting on not filling two I-485 from ages!!
 
I had the same question as yours several days ago. And I did quite some time research, talked to several well known lawyers. The answers are that it is possible that you could get benefit and it is also possible that will make things more complicated. You just need to take the risks. I decided to give up since I feel the risks are more than the benefits, especially in the current stage.
 
You are missing the point

Interfiling is only allowed if your PD is current.
Look at a case your EMP A revokes the 140 and thus the 485 gets revoked too, one can never trust the USCIS, then you end up going in appeals fearing accural of illegal stay and bar or leaving US.
if one has the oppurtunity to file 2nd 485 as a back up, it will help continue your legal stay in case of anything goes wrong with the first one and sit cool. :cool: The only flip side of filling 2 485 is some possible confusion, with the plenty of time now one has before one gets adjudicated those things will get sorted out and now USICS will not delay the process once your PD is current, as a matter of fact one is very likely to get an approval once the PD is current the same month...scenario is different if you are not with employer dependency like EB1 & NIW, here probably doesnot make sense to file 2 485.

if I look at the fourm where I posted that is NIW & EB1, then you are right that the poster may not have benfit precisely to file 2 485, but note the Q is his lawyer is recommending to file 2 485 and if it is right, the answer then remains there is nothing wrong and the downside is minimal, upside being that saves some trouble if one is denied especially because NIW are more prone to denial
eb1doc said:
Well Nato, I am not sure whether this advice will be feasible!!! When one can transfer I-485 why file two? Experts have been commenting on not filling two I-485 from ages!!
Click to expand...
 
Last edited by a moderator:
I am little confused with your post, Sorry nato!

Are you saying that the 2nd 485 has more benifit than the risks if you are filing in the employment based OR category?

However, for NIW and EB-1 ea, it is better not filing two 485s.
 
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