Two 485s??

P

posmd

Registered Users (C)
Hi all,

Me and my wife have pending 485s based on a NIW petition on my behalf but with a very recent priority date. My wife has an approved labour and a pending 140 with a much earlier priority date, since her Labour certification took a very long time.
My question is if her priority date is reached, can we file another set of 485s or even go for CP on that petition while maintiaining our NIW based 485 petitions?
 
No, you can only have one 485 application. You can transfer a 485 to another approved 140 to obtain an earlier PD. But in your case, you're currently the primary and your wife's the derivative. To convert your 485 to a derivative case... Well, I have no idea if that can be done or if there will be any potential pitfalls for doing that. You'd better be carefull...
 
posmd said:
Hi all,

Me and my wife have pending 485s based on a NIW petition on my behalf but with a very recent priority date. My wife has an approved labour and a pending 140 with a much earlier priority date, since her Labour certification took a very long time.
My question is if her priority date is reached, can we file another set of 485s or even go for CP on that petition while maintiaining our NIW based 485 petitions?
Click to expand...

Be careful. If we have another thousand people like you filing two I485s, it may cause the cutoff dates to retrogress further :mad: !
 
Yes you can file 2 I-485's . There is no Law to prevent this. However this could lead to confusion and USCIS might delay the case.

Murthy recommends that you go for CP option for 2nd GC.

I dont think filing 2 I-485's will cause retrogression. Only after GC approval visa number is taken.
 
jambalakadi1 said:
I dont think filing 2 I-485's will cause retrogression. Only after GC approval visa number is taken.
Click to expand...

In fact, it MAY cause further retrogression. This is because USCIS uses the number of pending I-485 cases to do their projection. More I485 cases are filed, it would seem to them there is more demand.
 
waitinggood, I may agree with you. But who cares. Would you care for retrogression if have a chance to get GC faster through 2nd GC process. I don't. I will do it as long as it is Legal.


here is last weeks murthy chat on this issue

Chat User : I am the primary applicant of I-485. Both my spouse and I are using EAD now. Can we switch the roles once my spouse’s I-140 is approved to make my spouse the primary applicant for the current I-485 application under a different I-140?

Attorney Murthy : Under USCIS policy memos and guidance, it is possible to interfile the existing I-140 approval with a new I-140 approval of the other spouse, even though there is no law or regulation specifically on this issue. Often, the USCIS will approve the interfiling, but they sometimes get confused and may approve the case based on the current principal instead of changing the principal. It will not likely matter, in most cases, unless there is a concern about the bona fide intention and ability to keep working with the GC-sponsoring employer. Often, when each spouse has an employer-sponsored green card case, one will choose adjustment of status while the other will choose consular processing. The couple will then take whichever case comes through first.
 
jambalakadi1 said:
waitinggood, I may agree with you. But who cares. Would you care for retrogression if have a chance to get GC faster through 2nd GC process. I don't. I will do it as long as it is Legal.
Click to expand...

There is another legal way to do this. It is called labor substitution. Its nature is exactly the same as the current case. You do whatever you can to cut in front of others, without ANY consideration or whatsoever of what impact it may have on the big picture. That procedure will be terminated soon, but as far as the status quo is concerned, yes it is legal. So why don't you keep filing and switching? But keep in mind each time you do that you increase the total count of I485 applications in USCIS's book.

If you haven't heard already, labor substitution is one of the main reasons why there is a sudden surge of earlier priority dates. Hence retrogression. Hence tens of thousands (including yourself!) have to wait for extra years because the demand for immigrations visas is overestimated and there are people who started the whole thing in 2005 and have a priority date of 2000 or 2001!

In my opinion, if everyone has some morals and wait for their turn, the situation probably wouldn't have become as bad as it is now!
 
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485s

I am really dissapointed in some of your responses. Imagine, I was merely refering to 485s filed on MY approved NIW, and likewise filing similar 485s based on MY WIFEs labour petition, there is no question of cutting in line. It is the ideas/thoughts of the previous poster refering to labour certs substitutions etc which reminds me of a famous story about why crates of indian crabs being shipped do not need covers to prevent escape, the other crabs will keep them in the crate. Grow up people.
We are all aware that Labour Substitution is hurting many of us, but it is the law. I hate it too, since it will affect my 485 adjudication, however just think for a second, how stupid your request is for me not to file another 485 so your priority date can be met sooner. Wow that is real utter stupidity. Extra 485s filed may slightly delay the priority dates but will not result in any overall delays to getting the greencard, since as 485s are cancelled priority dates will move forward.
Try to focus on the big picture and lobby your representatives, beyond that little is in our control.
 
Some people is too sensitive for something causing further retro, and they just respond out of frustration. You can do whatever you want to do as long as it is legal..
 
posmd, we are both applying gc but either of us can file 485 at this point. :eek: Per my attorney, it is legal. As some point, when the visa number is allocated, another case will drop automatically. I think file two case is smart as you are opening as much door as possible. Under this stressful life, who knows what happen next?
 
Guys you obviously can do whatever you want. No one can do anything to stop you. If you read my message again, you will notice that I am not against you switching to an earlier priority date because technically it's your wife's (not anyone else) priority date.

What I am against is having two pending I485s for one person. This is because this is what USCIS uses to do their retrogression projection. They project the demand based on THE NUMBER OF PENDING CASES; they don't care and won't know if two of these are duplicates, until when they review each of these two cases.

I don't know how many cases like yours exist out there. But imagine we have 5000 other couples that do the same to move their priority date from 2002 to 2001. However, that is going to make USCIS think that they all of a sudden have another 5000 visa requests in the queue. This additional 5000 pending cases may cause them to move the cut off dates back by another 6 months.

The key here is how USCIS does their projections. Like I said again and again, they look at the NUMBER OF PENDING CASES. I don't think that they will know how many of their pending applications are duplicates until they get to them after a long time, or the application is withdrawn.
 
2 485 mine's approved

hi posmd, i think its ok to file 2 485. i would like to share what happen to our case. my husband file our greencard priority date is nov. 1999 the I140/485 was denied and our lawyer appeal it. while his application is on appeal i already have my application for my RIR and luckily its much faster than his application, my priority date is march 2002 evrything went fine, he is my derivative dependent. may2005 my i485 was approved and after 3 days i have my greencard already. the sad part is my husband's greencard doesnt come yet, up to this moment, some of the reply to this topic is right because when we email Mr. williams to adjudicate my husband's 485 since he is my derivative dependent he should have his greencard too, but they we're confused because they email us that the I140 should approved first, to think that my i140 is approved, so they look on his i140 which is on the appeal and not on my approved i140, when we email again, we explained to them that my I140 was approved and i have my greencard already, when they reply and corrected evrything there is no visa available and the cutoff time is march 2001. yes they were right that if you have 2 485 application they will be confused. its up to you what u want to do. on our case we both file greencard in case the other one denied we still have another application.
but the good thing is my husband appeal was approved last oct 7, 2005 and his priority date is nov. 1999 and our lawyer will make a follow up on his 485 the visa bulletin cut off time is march 2001. we're hoping to get his grrencard soon. i would like to thank this forum because it helps a lot. goodluck to all waiting for their greencard. my journey ends after 3 1/2 years. and i'm praying that my husband's journey ends soon.
 
Lynne08, thank you very much for sharing your story! Very helpful and informative for our cases (mine and my husband's)
 
Thank you

Thanks Lynne08. Sharing your experience gives me some insight. I think the main thing having duplicate petitions pending gives some sense of security against something going wrong with either petition on top of taking advantage of the earlier PDs. I can only imagine how it would have been if everything was hanging on your husbands appeals process. Those of us that have the opportunity can and will use it, since it is up to the powers that be to alter the rules to avoid these duplications. For example in my case if I could inherit my wifes priority date, I would not think about this but the complex rules themselves make you have to think about these options. Also some of the reasons for denial are so petty and trivial that one cannot help but fret till the very day that the card is in hand. After all if we are waiting in a country for 7-8 yrs hoping to make it home you do not want to end up denied. At the very outset before the start of the process is another thing entirely.
 
Lynne08: why was your husband's application denied at first? I am guessing he was denied on his I140 not I485, as his I485 would have been the same regardless if he was the primary or derivative applicant.

Your story confirmed what I said earlier: USCIS has no idea how many of their pending cases are duplicates. I am even willing to bet that, until you pointed out that you already had your greencard, they were still thinking that your husbands' successfully appealed application would add 2 to the current demand for greencards (while in reality, his successfully appealed application would add zero to the current count, because your husband was already counted from your application). And this mess won't get cleared up until both yours and your husbands applications have been reviewed. If we have thousands of cases like this, then we are in a worse situation than necessary.

Posmd: I understand your reason for wanting two applications for security reasons. Yes it is legal and yes probably a lot of couples do it. No one can and will stop you from filing two applications. But you can't deny that doing so will have a negative impact on the rest of the people (possibly yourself) who are also waiting. That is just a fact.
 
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Just look how unfair the whole process is when someone was approved within 10 days while someone else with same qualifications have to wait for years!!! In such a system, I know for sure that, if I got the chance and didn't cut in front of others, someone else would surely do. Though I haven't done anything like that so far, if I were posmd, I would NOT feel ashamed. Sorry. But the shame is with this system, not me.
 
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