Priority date port and multiple I-485/AOS petitions

9 years ago By Chief Editor

Question details

I have my old Priority date as Dec 2009 in EB-3 and when I changed the company they filed the Labor and I-140 in EB-2 and my old Priority date is not ported on my new I-140 and I see the new I-140 in EB-2 with the Priority Date as Jan 2013. Now with the revised USCIS VISA Bulletin can I apply my I-485 with old PD ( EB-3) and simultaneously to be safer side can I apply I-485 from my wife's side and her PD is July 2010.

ANSWER

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/OMuYdzLJ2qQ?t=1436

FAQ Transcript:

Current thinking of USCIS is if the old employer revokes I-140 or USCIS revokes I-140 it will take away your Priority Date. Second thing is in a situation when one files the second I-140, USCIS has already given the date from the old I-140 and now if the old I-140 is already revoked why keep the date and the answer is not necessarily. Just because the date has been put on your I-140 does not mean you get to keep it at least that’s the way I see it.

Let’s say husband and wife both have their I- 485 going. Because she had her I-140, you had your Priority Date and might be a few months ahead of the other one should we be filing I-485s? One Primary and the other one Derivative and the answer is ...USCIS does not like it. On the other hand Is it legal to have multiple I- 485s the answer is "yes"... can it cause confusion and delays..."yes" but it also protects a bunch of very important rights.

The interesting this is ...let’s say husband and wife both filed I-485 one each but wife’s case got approved first what USCIS does these days is they take husbands case and convert it to derivative and approve him also. So they automatically convert pending I-485s from derivative to primary...from primary to derivative which is very good. So bottom line - can you file multiple I-485's? " yes"...should you do it ?..get your lawyers check with the USCIS. I probably would where there is an advantage and where there is no advantage ...both jobs are secured nothing to worry about let’s say I would probably file one each and then wait. Chances are USCIS will convert when the approved primary and they will convert the derivatives case also . The second primary case also as a derivative and approved.