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visves
06-14-2007, 09:48 AM
Folks, Please help me out with this.

* I have a I-140 and I-485 application pending through company A (EB2 -Oct 2003) as a future employment based application (very small firm with whom I was working before). Applied for adjustment of status only this month.


* I am employed with a much bigger firm B as a full time employee on H1B. My labor and I-140 has been approved (EB3 June 2004) and was waiting for PD to be current for a while.


With the current priority date movements for July, can I apply again for a adjustment of status application a second time through B concurrently while A is pending? Or do I have to withdraw the application through A in order to apply through B? If I can apply concurrently, Would one application be automatically withdrawn if another one is approved?

Lasantha
06-14-2007, 10:37 AM
I have a similar question too.

I have an approved I-140 with ROW PD March 2005. This was approved this month under PP and was filed on May 25th. So this was filed after the dreaded May 15th deadline of the proposed CIR. I am filing I-485 for this I-140 this month (June). But of course if CIR becomes law next year and I don’t get my GC before that I may loose this one.

I also have a pending EB3 I-140 in TSC with ROW PD March 2006. Now per the new visa bulletin I will be able to file I-485 for this as well.

So can I file two concurrent I-485s for both and then when one is approved withdraw the other? Both are EB3 and from the same employer. Your input is appreciated.

visves
06-14-2007, 11:42 AM
Found some answers on

http://www.immigration-law.com/Advanced%20Q%26A.html

Experts, please advice if you can about this or similar situations.

Thanks!

anilsal
06-14-2007, 11:58 AM
Many of the folks have two different 140s approved (one for the husband and one for the wife as they are on separate H1Bs). I guess they can apply separately for 485 but apply EAD/Travel Document on one application only.

Is this right?

visves
06-14-2007, 12:22 PM
Both immigration-law and murthy seems to suggest that multiple I-485 is legally sustainable, but the downside being a waste of money in most cases.

http://www.murthy.com/chatdb.asp?sFor=two+applications&Category=All

Somehow this seems to be a grey area and have not been getting many replies in any of the forums. Logically what you say makes sense...apply for EAD based on just one of the applications.


Many of the folks have two different 140s approved (one for the husband and one for the wife as they are on separate H1Bs). I guess they can apply separately for 485 but apply EAD/Travel Document on one application only.

Is this right?