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tw600040 | 2 years ago

I am getting conflicting opinions on this, so I will ask. My company has filed a 485 for me (currently on H1) and my wife is a dependent. My wife is currently on O1 and her company wants to file a separate 485 for her (with me as dependent) for backup. But my company's attorneys are telling me that's not recommended and it's better to withdraw one before filing another. Is that so or can 2 485s be filed?

discuss

order

cyberax|2 years ago

You absolutely can file multiple concurrent I-485 petitions. I know because I had two concurrent petitions myself: an EB-5 that I filed by myself, and a regular boring EB-2 sponsored by my employer.

However, this will make it almost 100% certain that your interview will not be waived. During the interview, the officer will ask you with which I-485 you will want to proceed.

And you generally want to keep your case as straightforward as possible for quick adjudication, having multiple petitions will complicate it for sure. And the USCIS can take months to do anything as it is.

proberts|2 years ago

I agree with your company's attorneys. The other option is "interfiling," which allows the basis of the I-485 to be changed without filing a new I-485.