Two I-485s ?

B

buckmaster

Registered Users (C)
Hi there?

I filed I140 & I485 concurrently several months ago. My application includes my wife.

Now my wife's own Labor Certification got approved. Since my company is going to have a major layoff soon. We are thinking about filing I140 & I485 concurrently based on my wife's LC, and her application will includes me.

Is it legal for both of us to have 2 I-485s? If it's legal, will the second I485 have some bad effects on my 1st one?

Your help will be highly appreciated!
 
"Is it legal for both of us to have 2 I-485s?

--- YES
If it's legal, will the second I485 have some bad effects on my 1st one"
It is legal, no bad effect
 
Originally posted by ginnu
"Is it legal for both of us to have 2 I-485s?

--- YES
If it's legal, will the second I485 have some bad effects on my 1st one"
It is legal, no bad effect
Click to expand...

You could save a ton of money and NOT file a second I-485. Should you no longer wish to purse your permanent residency with your I-140 petitioner, you can simply amend your I-485s to reflect that you are basing your I-485 on your wife's I-140. That will save you up to $1000 in filing fees alone.
 
Ginnu, TheRealCanadian,

Thanks a lot for your replies!


TheRealCanadian, would you please give us some details about the procedure you mentioned, and where can we find information regarding the amending on INS's website? If we amend our I485s to base on my wife's I140, will it affect our current waiting time?

Thanks again
 
"If we amend our I485s to base on my wife's I140, will it affect our current waiting time?"

--YES
 
Originally posted by buckmaster
Hi there?

I filed I140 & I485 concurrently several months ago. My application includes my wife.

Now my wife's own Labor Certification got approved. Since my company is going to have a major layoff soon. We are thinking about filing I140 & I485 concurrently based on my wife's LC, and her application will includes me.

Is it legal for both of us to have 2 I-485s? If it's legal, will the second I485 have some bad effects on my 1st one?

Your help will be highly appreciated!
Click to expand...

I think the best bet is to continue your I-485 and you can use AC21 is your I-485 is pending for more than 180 days. Also you can file I-140/I-485 concurrently using your wife's LC. Then you can withdraw your second I-485 after getting the first I-485 approved or when your wife's I-140 is approved your wife can use this I-140 for I-485 and you can convert your case to derivative.
 
Re: Re: Two I-485s ?

Originally posted by Edison
I think the best bet is to continue your I-485 and you can use AC21 is your I-485 is pending for more than 180 days. Also you can file I-140/I-485 concurrently using your wife's LC. Then you can withdraw your second I-485 after getting the first I-485 approved or when your wife's I-140 is approved your wife can use this I-140 for I-485 and you can convert your case to derivative.
Click to expand...

Edison, Thanks a lot for your reply!

I'm thinking about using AC21. By the time of our company's big layoff, my I-485 should have been pending for more than 180 days, but my I-140 approval would be less than 180days, and my company is very likely to revoke my I-140. So it still sounds very risky.

Another question is, if I got laid off, and I couldn't land a new job soon, would I be out of status(I have EAD approved)?


Ginnu & Edison,

I actually consulted my attorney and my wife's attorney. They both told me that we cannot have 2 I-485s pending. Do you happen to know, is there anybody who actually did these before and had their I-485s approved?

Thanks
 
I actually consulted my attorney and my wife's attorney. They both told me that we cannot have 2 I-485s pending. Do you happen to know, is there anybody who actually did these before and had their I-485s approved?
----- Ask your attorney to provide link to law that says that one cannot have 2 I-485 pending, read the threads I know about 3-4 case those who have 2 I-485 pending
I posted in earlier thread also that I know a person who was with Company X with H1b company X filed LC, I-140 and I-485 but he was laid off after filing the I-485, his I-485 was based on approved I-140, the person was forced to leave the company X and the company X revoked his I-140 after filing I-485 ( I-140 did not hit 180 days.

He joined new company B by H1 transfer LC was filed, LC cleared, he wanted to file I-140 and I-485 concurrently and lawyer said the same thing that no need to file new I-485 he gave the reason that once I-140 will be approved for company B then he can send the copy of approved I-140 through B and request the service center to process the pending I-1485 based on company B
The person asked if pending I-485 is denied before the I-140 approval for B is approved where you will attach the I-140? The past I-485 will not exist at that time.
Lawyer did not have answer to his question and filed second I-485. This issue has been debated in other immigration forum and no lawyer could provide any law that prevents
Filling of 2nd I-485
This is from a very reputed lawyer:
"It is OK to have two 485s pending at once, as long as they are based on separate LCs. It is also OK to have a 485 pending and second I-140 for consular processing pending. In general, consular processing is riskier than adjustment of status and we normally recommend adjustment of status,"

Suppose Mr. A father is Citizen and he filed family based I-485 for his son and Son worked on H1 got LC cleared, I-140 approved do you think he cannot file his second I-485 that is employment based, yes Son can file I-485. And I know that “son” he has 2 I-485 pending at this time.
No more argument on this topic from my side. ask your lawyer to provide the law /regulation that says one can not have 2 I-485 pending at the same time. I am sure you will get answer” Generally we don’t file second I-485 if one has pending I-485” but why? Provide the regulation or law

Also visit the thread:
http://www.immigrationportal.com/showthread.php?s=&threadid=88178
 
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Ginnu,

Thank you so much for all the time and effect you spent on answering our questions!

We definitely need to talk to my wife's lawyer again.
 
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