More Than One I-485 (Adjustment of Status Application)

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding those with more than once Adjustment of Status Application.      

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney

 Rules for Topic of the Week Threads:

1.  Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2.  The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3.  The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4.  Please do not provide information which would identify any specific company, university or individual.

[ManishGupta8]

In oct 2020, I filed 2 EB2 I485 applications for me (as Primary) and my wife (as derivative). Similarly in oct 2020 my wife also filed 2 I485 petitions for herself (as Primary) and myself (as dependent). Will it cause any trouble or any issues down the line ??

[shah17]

I am on H1B visa. I as working with Company A and now working with company B. I have an approved I-140 from company A in EB2 category with priority date of November 2012. Even though I am working with company B, company A is ready to continue my EB2 petition until the priority date becomes current. So, my question is, if my priority date becomes current, can company A file my I-485, I-765 and I-131? Is it necessary to work for company A when the priority date becomes current? Also, do I need to transfer my H1B the company A?

Edited September 24, 2021 by shah17

[Kavya kavya]

I have an approved EB2 I-140 with May 2012 as the priority date. I filed for EB3        I-140 and I-485 in October 2020 and both are still pending approval. Do you recommend filing I-485 on approved EB2 I-140 or file for premium processing of EB3 I-140?

 Thank you! 

[Attorney_22]

On 9/23/2021 at 9:08 PM, ManishGupta8 said:

In oct 2020, I filed 2 EB2 I485 applications for me (as Primary) and my wife (as derivative). Similarly in oct 2020 my wife also filed 2 I485 petitions for herself (as Primary) and myself (as dependent). Will it cause any trouble or any issues down the line ??

It should not cause any issues, but may slow the approval process if USCIS consolidates the filings. 

[Attorney_22]

On 9/24/2021 at 10:20 AM, shah17 said:

working with Company A and now worki

 

On 9/24/2021 at 10:20 AM, shah17 said:

I am on H1B visa. I as working with Company A and now working with company B. I have an approved I-140 from company A in EB2 category with priority date of November 2012. Even though I am working with company B, company A is ready to continue my EB2 petition until the priority date becomes current. So, my question is, if my priority date becomes current, can company A file my I-485, I-765 and I-131? Is it necessary to work for company A when the priority date becomes current? Also, do I need to transfer my H1B the company A?

The PERM green card process is a future offer of employment, therefore, you can file your AOS based on the offer from company A assuming the offer is valid and you intend to work for company A when the green card is approved. 

[Kisle]

My EB3 priority date is in Nov 2013, and my wife has  EB2 priority date in Feb 2013. My  I-485 is filed (primary) in EB3 along with my wife I-485(derivative) recently. In November  , if the dates retrogresses and if my wife final action date becomes current in later months , can she file her I-485 in EB2 and me as derivative so we get the green card . Please suggest best action so we get GC .

Edited September 29, 2021 by kishoresirvole

[Attorney_22]

On 9/28/2021 at 9:11 PM, Kisle said:

My EB3 priority date is in Nov 2013, and my wife has  EB2 priority date in Feb 2013. My  I-485 is filed (primary) in EB3 along with my wife I-485(derivative) recently. In November  , if the dates retrogresses and if my wife final action date becomes current in later months , can she file her I-485 in EB2 and me as derivative so we get the green card . Please suggest best action so we get GC .

Yes, that may be possible, but you can also consider an interfiling. I suggest you speak with your immigration attorney regarding which option is best at the time.