Two simulaneous I-485 applicatios?????

2

245i-victim

Registered Users (C)
I have approved an I-140 NIW (physician), and a concurrently applied I-485 which is pending. By NIW laws for physcians I have to wait for 5 years before being eligible for I-485 approval. Currently I am using EAD, AP.

I now have an approved LC thro a different employer, and a different service centre.

Can I file for another I-140/I-485 application, using the newly approved LC?

The reason I want to apply for concurrent I-140/I-1485 is that, they seem to process concurrent applications sooner than non-concurrent applications.

I am sure one can have more than I-140 pending, but am not sure of multiple I-485 applications. :confused:
 
> By NIW laws for physcians I have to wait for 5 years before being
> eligible for I-485 approval.

As your initial I140 is already approved, you can ask the old service center to transfer the case to the new service center and link it to the new I140. You will be able to carry over the priority date of your pending I485 and adjust based on the new I140 without waiting the 5 years.

> I am sure one can have more than I-140 pending, but am not
> sure of multiple I-485 applications.

My wife had a very similar case. Two weeks ago we were advised by the staff at the VSC walk-up window as well as by a well known attorney that you can have several I485's pending without ill effect. In our case it made more sense to do the transfer thing once the I140-NIW was approved.
 
Thank you hadron, you have been a big help.
I probably will go the route of a 2nd I-140/I-485 concurrent filling based on approved LC.
In case the 2nd I-140 get rejected (with my luck anything is possible), my previuos NIW/ EAD/AP will continue. Let us see what happens.
 
> In case the 2nd I-140 get rejected (with my luck anything is possible),
> my previuos NIW/ EAD/AP will continue. Let us see what happens.

OK, I am regurgitating hearsay here:*** If you have an approved I140 and subsequently a denied I140 they might consider the second (denied) I140 to be the final determination of your eligibility to immigrate.***end of hearsay.

Why are you concerned about the LC based I140 ? Is it a small practice with potential 'ability to pay' issues for the nice chunk of dough they offered you to go to their deserted place ?

---
And again, my fortune are catheters and sheets of mylar, not the law. Everything I tell you here is from the perspective of an educated layman (not law-man) who is going through a similar scenario. The things I (and other people at the VSC window) were told might be completely wrong and misleading and my lawyer might be completely off in his interpretation of what he was told at the AILA liasion meeting.
 
hadron said:
OK, I am regurgitating hearsay here:*** If you have an approved I140 and subsequently a denied I140 they might consider the second (denied) I140 to be the final determination of your eligibility to immigrate.***end of hearsay.
Click to expand...

This a good reason why hearsay is inadmissible as evidence. :)

Let's use me as an example. I have a Bachelor's degree with 10 years' experience. I decide to file an I-140 under EB-3. It gets approved. I then decide to file another I-140 under EB-2, claiming a Bachelor's plus five years' progressive experience. USCIS disagrees, says my experience isn't truly progressive and denies the second I-140.

Does that mean my EB-3 I-140 is revoked? If so, why? ;)
 
Dear hadron: "Ability to pay" for a small practise is going to be an issuein my case. A small physician practise generates just a littel more than the salary I have been offered. Untill a physician actually joins the practise and starts working, there is no aditional revenue generated. But the BCIS does not know this or care.
Of course I will take advice of mutliple lawyers prior to undertaking a major step like this. This discussion forum is of great help, but is still not a replacement for paid competent legal advice.
Contribution made by everyone on this forum is greatly appreciated.
 
> "Ability to pay" for a small practise is going to be an issuein my case.

How is the practice organized ? ( P.C., LLC, partnership)

How many seniors are there ?

There is a long thread by 'unitednations' on ability to pay issues. He is a CPA and seems to know the law on this.

There was a recent AAO decision which I posted in that thread. It was a physician practice organized as PC that hired a doc at the usual 120k prevailing wage on the LC. When I140 time came around they got an RFE and it turned out that they only paid 97k during his first year. Also, the tax returns of the PC showed $0 as profit for the corporation during that year. INS denied the I140 stating that the practice was not able to pay the proffered wage. The practice managed to prevail at AAO with the argument that PC's never state a profit and rather pay all the profit as compensation to the owner/president. AAO agreed and approved the I140 because the owner could show that he had a handsome profit for himself during the year the physician joined the practice.
 
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