Tricky one - Two 485s filed by same employer

T

topchi

New Member
This is really strange, I was wondering if anyone would have any ideas on how to deal with this.

A I-485 was filed for me and my wife by the company's lawyer in June 2003. Unfortunately on the very date of the filing, I flew out of the country for work, not knowing this was to be the very day the lazy lawyer would do the filing.

The lawyer told me that the 485 filing was invalid as I was not in the country that day, and another would have to be filed. (though my flight was at 10pm in the night, so I was here for at least 22 or the 24 hours of that day....but that is not the point of this posting)

So they filed another one next month in July, and sent a letter to the INS asking them to withdraw the first one that was filed in June.

On the USCIS website, both the sets of applications show as pending, and in the meantime I have used AC-21 to change employers. I received fingerprinting notices on the first, withdrawn set of I-485 applications, and we got it done as well.

My problem now is that I do not know which I-485 have the INS used for issuing me the EAD and the AP. If they act upon the withdrawal letter now, this could just pull the rug from under my feet as the EAD and AP would get invalidated too. Does anyone have any ideas on what I should do?

Thanks.
 
My 2 cents

1. If you can prove with any document that you were in US the day USCIS received your I-485. Your first I-485 is valid. Suppose on April 1 USCIS received the I-485 package at 11 AM and then you departed US at 12-01 PM on April 1 then it is valid. When you depart US you surrender your I-94 with Airline counter and that I-94 goes to USCIS records and back of I-94 your departure date, flight # time flight departed all is written, that will be the evidence if you were in US or Not in US, when I-485 was filed.
2. When your lawyer filed first I-485 he received a receipt of I-485 filing and on that I-485 receipt it has A# for you. When lawyer filed second I-485 he was supposed to write the same A# on it and filing receipt of second I-485 will have the same A# on it, if that is true then no need to worry because USCIS can check with A# that you have pending I-485, so you can use EAD AP if they have the SAME A# on EAD and AP. When they approve the I-485, they may get confused when they check A# and find two I-485 for you and nothing wrong in that maximum they can send the I-485 to local USCIS for Interview and things can be explained. I don’t see big problems because if earlier is invalidated then you have new I-485 filed, they may also not discover that earlier was invalidated.
You can use the EAD and AP( becase USCIS has not sent you or lawyer a notice that particular EAD or AP is invalid.) and file next EAD AP based on second I-485 filing reciept
 
thanks

Thank you for your advice. I have the same A# on both the I-485 receipts, and also on the EAD/AP. Hopefully we'll be ok.
 
Disaster, INS acted on the first 485 withdrawal letter and cancelled 140 instead

Ginnu,

Grateful for your help.

It seems the INS acted on the withdrawal sent for the 1st set of I-485s now, and has sent me a letter that both the I-140 and I-485 are cancelled.

THe withdrawal letter the lawyer sent them had requested only for the first I-485 withdrawal, not I-140. Lawyer says we have to talk to the INS to have it resolved but fact of the matter is that it is cancelled in their system. I am going to India next week, I do not know if I will be allowed reentry in 3 weeks with wife and kid. Do you have any suggestions on what I could do?

Mukul
 
topchi said:
Ginnu,

Grateful for your help.

It seems the INS acted on the withdrawal sent for the 1st set of I-485s now, and has sent me a letter that both the I-140 and I-485 are cancelled.

THe withdrawal letter the lawyer sent them had requested only for the first I-485 withdrawal, not I-140. Lawyer says we have to talk to the INS to have it resolved but fact of the matter is that it is cancelled in their system. I am going to India next week, I do not know if I will be allowed reentry in 3 weeks with wife and kid. Do you have any suggestions on what I could do?
------- if you are on H1 and still maintain H1 status and you have H1Visa stamp valid and your spouse has valid H4 visa stamp on the date when you come back i dont see any problem, if you want to enter on AP then you hace to discuss with your lawyer as I-140 has been messed up by USCIS
Mukul
Click to expand...
 
I have only an AP - I used to have an L1 which has long expired, besides I changed jobs.

The lawyer says it doesn't matter & should have no problems on re-entry as the 485 is still pending, but I find it hard to believe that. If we write to USCIS, they will take a long time to respond or fix it, certainly not before I return. Who can help? Is there any way of speaking to someone and getting it sorted? My old employer will happily give another letter of support if required.
 
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