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.

[kddd75]

Hi! My spouse filed AOS as principal and I filed as her dependent several months ago (Oct 2020). Spouse's priority date is not yet current. And we have not yet received EAD/AP cards. Now my PERM has been approved, and my priority date (from a prior PERM/I-140) is current. Can and should I file a new (concurrent) AOS application as principal now in order to get a GC sooner than if we wait for the spouse's priority date to become current? But spouse's priority date might become current in the next few months. What would you suggest? Thanks!

[Attorney_22]

On 12/10/2021 at 1:54 AM, kddd75 said:

Hi! My spouse filed AOS as principal and I filed as her dependent several months ago (Oct 2020). Spouse's priority date is not yet current. And we have not yet received EAD/AP cards. Now my PERM has been approved, and my priority date (from a prior PERM/I-140) is current. Can and should I file a new (concurrent) AOS application as principal now in order to get a GC sooner than if we wait for the spouse's priority date to become current? But spouse's priority date might become current in the next few months. What would you suggest? Thanks!

The answer to your question is more of a judgment call, but in addition to the option to file a new set of I-485s on the new basis, you can also consider interfiling the newly approved and current I-140 into the already pending I-485 applications. You should discussed both of these options with your immigration attorney.