Should I file addition I-1485 while my husband's 485 pending?

lxx2003

Registered Users (C)
Hi, there,

My husband's company sponsored him ( included me) with I-485. Currently both of us has got AP and EAD based on his case. His I-140 is still pending, which was filed on Dec 2006.

At mean time my company also sponsor GC for me and recently my LC was approved. My LC priority date is far earler than his. ( LC priroity: Oct 2001 ). In this situation, should I continue filing I-485 sponsored by my company as well or just wait and reply on his I-485 only? I heard that if there are two I485 pending, it only can delay the case as they need to refer back and forth to link two cases. But I am not sure if the LC priroity date still play roles after filing I-485. Consider my priority date is far earlier than his even though his case get into I-485 queue earlier than mine, is there any chance my case will be approved earlier than his?

Here is detailed status:

My husband case:
LC priority date (RIR EB2): March 2005
LC Certified on: Nov 2006
I-485/I-140 ( none primiun ) concurrently filed on: Dec 2006
Both mine and his AP/EAD received on: Feb - March 2007


My case:
LC Priority Date ( RIR EB2): Oct, 2001
LC Certified on: Jan 2007
I-140 ( none Primiun ) filed on: Mar 2007

BTW, his company was recently acquired by another company, not sure if this is going to add uncertainty on his I-140 process? BTW if I-140 approves, does that mean there is no abstacle left, I mean at least there is no show stopper to march to GC, right?

Also, one more question, is it safe to travel internationally on AP in this case? I also heard that it is better not to travel while I-140 or 485 pending, just for safty. Do we need to have such concern? Our H1 will expired soon, and both won't be extended very likely. Should we consider expend H1 as well?

Last question, should we make I-140 Primiun? Very likely both our company won't pay for $1000, but there might be flexiblity to pay by ourself.

Too many questions, appreciated any response, Thanks alot in advance!

lxx2003
 
Hi, there,

My husband's company sponsored him ( included me) with I-485. Currently both of us has got AP and EAD based on his case. His I-140 is still pending, which was filed on Dec 2006.

At mean time my company also sponsor GC for me and recently my LC was approved. My LC priority date is far earler than his. ( LC priroity: Oct 2001 ). In this situation, should I continue filing I-485 sponsored by my company as well or just wait and reply on his I-485 only?
I heard that if there are two I485 pending, it only can delay the case as they need to refer back and forth to link two cases.
--------------not a problem, your second I-485 will have your A#
But I am not sure if the LC priroity date still play roles after filing I-485.
-------------------- PD plays a role ( you have PD of Oct 2001) . If you file I-485 based on your LC and your spouse file derivative I-485 then you can have approved early as HIS PD is March 2005.

Consider my priority date is far earlier than his even though his case get into I-485 queue earlier than mine, is there any chance my case will be approved earlier than his?
---------------------------YES

Here is detailed status:

My husband case:
LC priority date (RIR EB2): March 2005
LC Certified on: Nov 2006
I-485/I-140 ( none primiun ) concurrently filed on: Dec 2006
Both mine and his AP/EAD received on: Feb - March 2007


My case:
LC Priority Date ( RIR EB2): Oct, 2001
LC Certified on: Jan 2007
I-140 ( none Primiun ) filed on: Mar 2007




BTW, his company was recently acquired by another company, not sure if this is going to add uncertainty on his I-140 process? BTW if I-140 approves, does that mean there is no abstacle left, I mean at least there is no show stopper to march to GC, right?

Also, one more question, is it safe to travel internationally on AP in this case? I also heard that it is better not to travel while I-140 or 485 pending, just for safty. Do we need to have such concern? Our H1 will expired soon, and both won't be extended very likely.
Should we consider expend H1 as well?
--------------- better get H1 extensin filed
Last question, should we make I-140 Primiun? Very likely both our company won't pay for $1000, but there might be flexiblity to pay by ourself.

Too many questions, appreciated any response, Thanks alot in advance!

lxx2003

---------------------------- you can file Your Primary I-485 and your spouse can file derivative I-485 with your I-485. you have PD of oct 2001 and both your I-485 and your spouse I-485 can be approved early as. Dont forget to write your A# on second I-485 form and your spouse should write his A# on his I-485 form ( A# is on I-485 filing reciepts.
YOU can also updrade I-140 with premium processing.
You can have AP based on early I-485 or can file EAD AP with your new I-485.
 
ginnu, thanks for the reply. Just want to confirm that LC priority date does play important role on the approval of I-485, is that right? Means that although my husband's I-485 has been filed earlier than mine, but my LC priority date will possibly make my I-485 processed earlier than his, is my undertanding correct? I am still struggling whether I should file my I-485 or not....

Thanks for clarifications
 
ginnu, thanks for the reply. Just want to confirm that LC priority date does play important role on the approval of I-485, is that right?
---------Correct
Means that although my husband's I-485 has been filed earlier than mine, but my LC priority date will possibly make my I-485 processed earlier than his, is my undertanding correct?
-------------correct

I am still struggling whether I should file my I-485 or not....
-------------------- File your primary I-485 and spouse derviative I-485 if you want Your I-485 approved fast.
Thanks for clarifications

------------------
 
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