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Withdrawing I-485
- Thread starter mrp2612
- Start date
From:
Address
Pending I-485#
A#
To,
USICS
ABC Service center
RE: Request to withdraw the Pending I-485 , EAC………… Or LIN…….
Dear Sir/Madam,
***Just write your I-485 receipt # and A# and attach the copy of I-485 receipt and request that you want to withdraw the I-485 petition filed by you to adjust the status in US. If you have other I-485 pending and want to withdraw the particular I-485 then write the I-485 receipt clearly and mention that you ONLY want to withdraw the particular I-485. You should send the letter by registered return receipt to BCIS office. Keep the copy of your request letter with you for future records..
May I ask you the reason to withdraw the pending I-485? It will help others
Address
Pending I-485#
A#
To,
USICS
ABC Service center
RE: Request to withdraw the Pending I-485 , EAC………… Or LIN…….
Dear Sir/Madam,
***Just write your I-485 receipt # and A# and attach the copy of I-485 receipt and request that you want to withdraw the I-485 petition filed by you to adjust the status in US. If you have other I-485 pending and want to withdraw the particular I-485 then write the I-485 receipt clearly and mention that you ONLY want to withdraw the particular I-485. You should send the letter by registered return receipt to BCIS office. Keep the copy of your request letter with you for future records..
May I ask you the reason to withdraw the pending I-485? It will help others
Last edited by a moderator:
thanks alot.
actually i filed I-485 with my friend's company thinking that my labor will not be approved with my present company which is filed in texas. somehow it got through. my present company is very big. i want to file concurrently with my present company. for sure i know that I-140 will be approved with my present comp without any problems (i hope). if my present comp terminates me after 6 months, i can join with any other comp as permanent employee and continue my gc process with them.
one more question. I did not receive my I-485 receipt till now. But I have the Receipt # from the back of the check. what is the A#??
Do we have to withdraw I-765 and finger printing also??
actually i filed I-485 with my friend's company thinking that my labor will not be approved with my present company which is filed in texas. somehow it got through. my present company is very big. i want to file concurrently with my present company. for sure i know that I-140 will be approved with my present comp without any problems (i hope). if my present comp terminates me after 6 months, i can join with any other comp as permanent employee and continue my gc process with them.
one more question. I did not receive my I-485 receipt till now. But I have the Receipt # from the back of the check. what is the A#??
Do we have to withdraw I-765 and finger printing also??
Actually I filed I-485 with my friend's company thinking that my labor will not be approved with my present company, which is filed in Texas.
---- it means you have pending I-485 that you filed based on your friend company LC and I-140, if that is true then at this time don’t withdraw the pending I-485 it has earlier PD for you. One can file second I-485 if based on different employer LC and I-140. once you file the new I-140 based on your new LC then your approved new I-140 can be linked to pending I-485 that has earlier PD or file the new I-140 with CP option and let other pending as AOS
somehow it got through. my present company is very big. i want to file concurrently with my present company. for sure i know that I-140 will be approved with my present comp without any problems (i hope). if my present comp terminates me after 6 months, i can join with any other comp as permanent employee and continue my gc process with them.
------ File the I-140 and I-485 through this company also once the I-140 is approved then you can request BCIS to link that I-140 to the pending I-485 that has earlier PD. If I am in your situation I will not withdraw the earlier pending I-485. Filling second I-485 is not illegal.
one more question. I did not receive my I-485 receipt till now. But I have the Receipt # from the back of the check. what is the A#??
----- A# will be on your earlier pending I-485 filing receipt, ask the receipt from your friend company or lawyer who filed earlier I-485
Do we have to withdraw I-765 and finger printing also??
---- No need if you are not withdrawing earlier I-485, if you are withdrawing then the I-765 rests on I-485 it will automatically becomes void as it rests on I-485
---- it means you have pending I-485 that you filed based on your friend company LC and I-140, if that is true then at this time don’t withdraw the pending I-485 it has earlier PD for you. One can file second I-485 if based on different employer LC and I-140. once you file the new I-140 based on your new LC then your approved new I-140 can be linked to pending I-485 that has earlier PD or file the new I-140 with CP option and let other pending as AOS
somehow it got through. my present company is very big. i want to file concurrently with my present company. for sure i know that I-140 will be approved with my present comp without any problems (i hope). if my present comp terminates me after 6 months, i can join with any other comp as permanent employee and continue my gc process with them.
------ File the I-140 and I-485 through this company also once the I-140 is approved then you can request BCIS to link that I-140 to the pending I-485 that has earlier PD. If I am in your situation I will not withdraw the earlier pending I-485. Filling second I-485 is not illegal.
one more question. I did not receive my I-485 receipt till now. But I have the Receipt # from the back of the check. what is the A#??
----- A# will be on your earlier pending I-485 filing receipt, ask the receipt from your friend company or lawyer who filed earlier I-485
Do we have to withdraw I-765 and finger printing also??
---- No need if you are not withdrawing earlier I-485, if you are withdrawing then the I-765 rests on I-485 it will automatically becomes void as it rests on I-485
mrp2612
you have not mentioned whether i140 is still pending or approved from your friends company.
in addition to Ginnu's comments, here are my 2 cents:
if your i140 is approved from your friends company then you can use your old priority date in the future.
if your i140 is approved from your friends company its better for you to wait for 180 days from the date you filed your i485 using your friends company. because after 180 days you safely join your present company and transfer your pending gc to it without any pain of waiting for i140 from the new company etc.
its better not to withdraw i485 without proper consultation with some good immigration lawyer and also analyzing the pros and cons of the issues.
you have not mentioned whether i140 is still pending or approved from your friends company.
in addition to Ginnu's comments, here are my 2 cents:
if your i140 is approved from your friends company then you can use your old priority date in the future.
if your i140 is approved from your friends company its better for you to wait for 180 days from the date you filed your i485 using your friends company. because after 180 days you safely join your present company and transfer your pending gc to it without any pain of waiting for i140 from the new company etc.
its better not to withdraw i485 without proper consultation with some good immigration lawyer and also analyzing the pros and cons of the issues.
thanks alot guys.
I-140 with my friend's company is not approved yet.
My present comp wont do CP.
I have been telling them that I did not file an Immigration petition with any other comp. Now if I tell them to use I-140 from another comp after approval, they will blast me.
I asked my previous attorney (friend's comp) and she said we can withdraw anytime we want and we can refile if we want later. she did not mention any pros or cons. I cannot ask my present attorney.They would inform my present comp about the situation and everything will go bad against me.
Do know what to do??
I did not get the 485 receipt yet. I dont understand how to withdraw the 485. SOme people are telling that if both the 485's are pending, then there is a chance that none will be approved. I want to tell you guys that, it's been only 2 months back we filed for 485. I dont think PD matters.
I-140 with my friend's company is not approved yet.
My present comp wont do CP.
I have been telling them that I did not file an Immigration petition with any other comp. Now if I tell them to use I-140 from another comp after approval, they will blast me.
I asked my previous attorney (friend's comp) and she said we can withdraw anytime we want and we can refile if we want later. she did not mention any pros or cons. I cannot ask my present attorney.They would inform my present comp about the situation and everything will go bad against me.
Do know what to do??
I did not get the 485 receipt yet. I dont understand how to withdraw the 485. SOme people are telling that if both the 485's are pending, then there is a chance that none will be approved. I want to tell you guys that, it's been only 2 months back we filed for 485. I dont think PD matters.
Some people are telling that if both the 485's are pending, then there is a chance that none will be approved.
Who are these “Some People” they are giving you wrong info ask them to provide you law/regulation that support the claim, at last stage of I-485 approval only BCIS may ask you “ please let us know which I-485 you would like to be approved (it will be in final stage after 18-24 months) and in the final stage your lawyer or you can request BCIS that particular I-140 should be linked to pending I-485 #XXXXXXXX and should be approved.
I want to tell you guys that, it's been only 2 months back we filed for 485. I don’t think PD matters.
------ Just bluff your employer or lawyer that you have sent a letter through the past company lawyer to withdraw the pending I-485. Many lawyers mess up the LC and I-140 can be denied. I don’t know if the I-140 filed by your friend company will be approved or the new company I-140 will be approved. These days many persons are getting I-140 denied due to Education requirement written on LC or Form ETA750A or the requirement the lawyers wrote on LC. Indian 3-year degree holders are getting maximum denial/RFE at this time.
I feel you should make a strategy and meet the lawyer who handles your friend company matters and filed I-485.
You can also convert the pending I-485 to CP that you filed through your company you have just to fill up a form and file the new I-485 through new employer if they don’t agree for CP, no need to inform that pending I-485 has been amended for CP if they are not cooperative
“saigc” posting has valid point think about that also.
If you are still confused meet a lawyer who gives you advice that is in your benefit then act accordingly or you can withdraw the pending I-1485 that is up to you.
***FYI one of my friend who was working in MA got LC approved from Company A then I-140 and I-485 was filed, he had a fear that company A may lay off
He joined company B by H1transfer, filed new LC got LC approved filed I-140 and I-485 concurrently through company B (this case filed by famous lady lawyer from MD) she did not ask him to withdraw the pending I-485.
His I-40 is approved from company A 6 months back and I-485 hit 180 days and company A did not care to revoke I-140 now my friend can use AC21, and if his new I-140 is approved by B the lawyer is going to link up the new I-140 to the I-485 that has earlier PD and was filed with company A I-140 in this scenario he is not going to use AC21. He played safe.
Who are these “Some People” they are giving you wrong info ask them to provide you law/regulation that support the claim, at last stage of I-485 approval only BCIS may ask you “ please let us know which I-485 you would like to be approved (it will be in final stage after 18-24 months) and in the final stage your lawyer or you can request BCIS that particular I-140 should be linked to pending I-485 #XXXXXXXX and should be approved.
I want to tell you guys that, it's been only 2 months back we filed for 485. I don’t think PD matters.
------ Just bluff your employer or lawyer that you have sent a letter through the past company lawyer to withdraw the pending I-485. Many lawyers mess up the LC and I-140 can be denied. I don’t know if the I-140 filed by your friend company will be approved or the new company I-140 will be approved. These days many persons are getting I-140 denied due to Education requirement written on LC or Form ETA750A or the requirement the lawyers wrote on LC. Indian 3-year degree holders are getting maximum denial/RFE at this time.
I feel you should make a strategy and meet the lawyer who handles your friend company matters and filed I-485.
You can also convert the pending I-485 to CP that you filed through your company you have just to fill up a form and file the new I-485 through new employer if they don’t agree for CP, no need to inform that pending I-485 has been amended for CP if they are not cooperative
“saigc” posting has valid point think about that also.
If you are still confused meet a lawyer who gives you advice that is in your benefit then act accordingly or you can withdraw the pending I-1485 that is up to you.
***FYI one of my friend who was working in MA got LC approved from Company A then I-140 and I-485 was filed, he had a fear that company A may lay off
He joined company B by H1transfer, filed new LC got LC approved filed I-140 and I-485 concurrently through company B (this case filed by famous lady lawyer from MD) she did not ask him to withdraw the pending I-485.
His I-40 is approved from company A 6 months back and I-485 hit 180 days and company A did not care to revoke I-140 now my friend can use AC21, and if his new I-140 is approved by B the lawyer is going to link up the new I-140 to the I-485 that has earlier PD and was filed with company A I-140 in this scenario he is not going to use AC21. He played safe.
My two cents
Do not take pending I-485 back. You may consider to apply just I-140 with new employer. You will not face any problem. Do not mess up. Think both are different applications go ahead. You are good shape buddy. Specify the dates that will help lot to understand your case
Do not take pending I-485 back. You may consider to apply just I-140 with new employer. You will not face any problem. Do not mess up. Think both are different applications go ahead. You are good shape buddy. Specify the dates that will help lot to understand your case
Ginnu,
thanks a lot man. Pending 485 has been filed in Vermont. Now new 485 will be in Texas. Can we still link present comp 140 to friend's comp 485??
---YES, YES, YES
file the second I-485, no problem. tell the new company lawyer letter has been send to withdraw the earelier I-485 and dont withraw the pending I-485. I hope you understan what i mean.
Good Luck!!
thanks a lot man. Pending 485 has been filed in Vermont. Now new 485 will be in Texas. Can we still link present comp 140 to friend's comp 485??
---YES, YES, YES
file the second I-485, no problem. tell the new company lawyer letter has been send to withdraw the earelier I-485 and dont withraw the pending I-485. I hope you understan what i mean.
Good Luck!!
whatawaiting
Registered Users (C)
Ginnu and others,
Thanks very much for all the info you are giving.
I never knew that a I-485 could be linked to a different I-140!
Ginnu, mine is with TSC. GC being processed by a different company (i have never worked for them). LC substitution. Concurrent filing. I 140 approved. I 485 Rd: 6 Dec 2002.
If I ask my current employer to process GC they will mostly do so. Iam in a big dilemma how to handle this.
1. Should I tell my attorney that GC is being processed by another company? (because when they filed H1 extn. I never told them about this and ofcourse they didn't ask me too).
2. Should I ask my present company to process GC? In that case, should I wait till Labor gets approved and then tell them about my pending I-485?
Please note that my company's attorney is not so friendly.
Please advise.
I think that using AC21 in my case is a bit risky and also don't know if my company's attorney will agree to it.
Thanks very much for all the info you are giving.
I never knew that a I-485 could be linked to a different I-140!
Ginnu, mine is with TSC. GC being processed by a different company (i have never worked for them). LC substitution. Concurrent filing. I 140 approved. I 485 Rd: 6 Dec 2002.
If I ask my current employer to process GC they will mostly do so. Iam in a big dilemma how to handle this.
1. Should I tell my attorney that GC is being processed by another company? (because when they filed H1 extn. I never told them about this and ofcourse they didn't ask me too).
2. Should I ask my present company to process GC? In that case, should I wait till Labor gets approved and then tell them about my pending I-485?
Please note that my company's attorney is not so friendly.
Please advise.
I think that using AC21 in my case is a bit risky and also don't know if my company's attorney will agree to it.