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Immigration Issues/File I-485 again based on new I-140

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Question
Dear Ajay,
I would like to get your opinion on my situation. Me and My husband submitted the 485 based on his Green Card under India EB2 - PD Jul 2006. We submitted around Jul 2007. It is still pending and PD for EB2 under india in still Jan 2005.

I have my green card application's I140 India EB2 with PD Jun 2002 approval last week.

Can we apply another 485 application based my latest I-140 approval and cancel me and my husband's current 485 application via my husband GC?.

If that is possible, what stage should we cancel the current application?. Can we apply the new application and cancel the existing application on a later date?. Is this a risky move?. We are in USA for last 10 years and really eager to see end of the tunnel for our GC.

Please advise. Thanks for your questions/answers on the all experts site.

Thanks
Teja

Answer
Hi,

The USCIS office noted on the I-485 receipt notice should be requested to interfile the new I-140 approval notice (with earlier priority date) and thus attach the already filed I-485's with this new I-140 approval notice.

Alternatively, you can file new I-485's for you and your husband. The USCIS will then return with a request to select which I-485 to withdraw. At that point, the earlier I-485's can be withdrawn.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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