two I-485s same time?

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Hopeful0820

Registered Users (C)
I have an unique situation. I filed an NIW based I-485 with TSC in 6/01 per INS instructions since my self petitioned I-140 NIW was approved by TSC. I am now working in CA. Just learnt from my company attorney that my company sponsored I-140 was also approved. Since CSC is much faster in I-485 processing than TSC now, can I file a new I-485 based on a new I-140 with CSC and keep both I-485s (to see which one comes first). I heard from somewhere before it is not allowed to have two I-485s pending but my company attorney told me it was OK. Can anybody share their experience? Either way, where can I get official confirmation from INS on this if possible?
 
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I heard that it is possible to keep both 485\'s going, but you may have to withdraw any one of them before you get approval (usually, you can do this after you get a finger printing notice). but, the flipside to this is that on your 485 form, you will be asked "Have you applied for a permanent residency before"? And you have to truthfully answer "yes". which could raise flags and enquiries, RFEs, interviews etc, as it is hard for the INS to understand a straight forward 485 case, let alone a complicated case like this one.

I was in the same position as you, but considering all possibilities, and due to my enormous desire to keep INS from screwing up my GC, i decided to go with one 485 application and drop my other 485. this is not legal advise. good luck.
 
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I have the same concern as yours. But I have to make a decision now since my company is going to merger with another company very soon. Where did you learn you can keep two I-485s? Your lawyer? Which one did you choose in the end? Is it possible to do CP (AC-140) on one I-140 while keeping the old I-485? Thanks.
 
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my attorney told me that i could keep 2 485\'s going at the same time. but, i was advised that I should withdraw one before I did my FP as then, the whole process could get messed up by the INS. I checked if I could do parallel AOS and CP. Again, my attorney said that if the INS starts to investigate why there are 2 cases for one person, and if there is any reason for my anxiety to file 2 cases, i would have to face RFEs and interminable delays.
so i went for one AOS as it is less risky when compared to a CP (considering i could use EAD after 180 days to get another employment). good luck.
 
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Thanks. Although my case is definitely different from yours (mine is NIW self petition), I am grateful that you share the information with me.
 
Please Advise! I have filed two I-485s At the Same Time

I live in California. However, I got my Labor Certificate and I-140 approved at VSC due to my employer being headquartered in a state under the jurisdiction of VSC. I submitted my I-485 application to VSC back in June 2001 and the application was initially rejected by VSC as they claimed that I should file in CSC due to my residency in California. My attorney resubmitted the I-485 application back to VSC in Sept\'01, but also filed another I-485 application at CSC at the same time for safety\'s sake. The gist of the long story is that I now have filed for I-485 adjustment at both CSC and VSC.

As of today, I have received the FP notice from CSC, but not from VSC yet. I have the following questions:

1)Should I decide to cancel the application at VSC and proceed with FP at CSC, will CSC request file transfer (labor certificate and I-140) from VSC? If yes, when will they request the transfer? Is it after the FP is done or the fact that I have received the FP notice from CSC meant that CSC has already had my files??? How risky is it to have files transfered between service centers? I heard stories of files getting lost and the GC process has to be started all over again!

2) Will VSC send me a FP notice too? Would I have the option of waiting for the VSC FP notice while holding off doing the FP for CSC?

Any information will be greatly appreciated!
 
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According to INS rule, you SHOULD file your EB based I-485 to the service center approving your I-140 (in your case VSC), no matter where you live. Of course, as always, some INS officers do not know all the rules themselves. They definitely need to transfer your I-140 file from VSC if you keep the CSC I-485. So you lawyer said it was OK to have two I-485s pending at the same time? Is the law firm a big one? Thanks.
 
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