Start a second GC process?

S

sucks

Registered Users (C)
Gurus,

My RD is 01/04/2002. My job with the original petitioner will end by the end of year 2003. Although my RD is only about 2 months away from current INS processing time (10/30/2001), I do NOT expect my case to be adjudictaed this year based on current INS processing speed. Therefore, I am thinking of having my spouse start another GC process in another service center based on my spouse's employement. Here are my questions to experienced folks out there:

(1) will my spouse's new filing affect our current I-485 application, start from labor certification?

(2) in case my current I-485 is approved before the end of year 2003, can we still withdraw the new application?

Thanks in advance.
 
It's OK

to have concurrent 485 filings.

Once your spouse gets labor certification approved, you should have had that card for a long time. But with nothing to lose except parting some time and money, it's a good practice to play safe with BCIS.
 
Originally posted by sucks
Gurus,

My RD is 01/04/2002. My job with the original petitioner will end by the end of year 2003. Although my RD is only about 2 months away from current INS processing time (10/30/2001), I do NOT expect my case to be adjudictaed this year based on current INS processing speed. Therefore, I am thinking of having my spouse start another GC process in another service center based on my spouse's employement. Here are my questions to experienced folks out there:

(1) will my spouse's new filing affect our current I-485 application, start from labor certification?

(2) in case my current I-485 is approved before the end of year 2003, can we still withdraw the new application?

Thanks in advance.
Click to expand...

You have come a long way and have already cleared LC, I-140 hurdles. If you have EAD/AP, you are free to change employers and travel. For app practical purposes ( employment and travel) you already enjoy the status of a permanent resident.

It is a bad time to start a new green card processing. Labor Certifications are taking very very long, expect years wait for LC. Then you have ot go back to BCIS/INS for I-140. I don;t think your wife starting a new GC applicatio will help you in any way time wise. What is the guarantee that your wife's processing will be any faster?
Filing another GC process WILL NOT affect your current pending application in any way.
 
sucks:

To answer your questions:

(1) will my spouse's new filing affect our current I-485 application, start from labor certification?

Ans: No, your spouse can start his/her GC process without affecting your current 485.

(2) in case my current I-485 is approved before the end of year 2003, can we still withdraw the new application?

Ans: You don't need to withdraw any application, once your spouse's LC is approved don't proceed with I-140. That's it.

Well, you don't need to be so pessimistic. Your 485 should be approved by May/June. In any case, it's better to be safe than sorry. If I were you, I would probably start with my spouse's GC process. It's never too late. I'd had to go back if we hadn't started my spouse's GC process. We had planned to proceed with mine (opted for Consular Processing CP) but due to my layoff we had to fall back on my spouse's GC app. We were glad that we had started it. This time around we decided to go with the slower but safer AOS as opposed to CP. Our RD is 02/05/2002. Take it easy, your RD is before mine.
 
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