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Questions related to two I485s

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  • Questions related to two I485s

    I have two I-485s pending:
    - One I485 through work (EB2) and my priority date is about one year from being current. This I-485 has been in pending status for more than 180 days (1 year and 4 months).
    - One I485 through marriage and it was recently approved and I should receive my conditional green card shortly.

    1) I am planning to leave my current employer after receiving the conditional green card and use it for my next job. I assume if I do that, my work I485 will be automatically denied after certain time, is that correct?

    2) How long does it take for the work I485 to expire/be denied if I leave the current employer?

    3) Would this denial impact my conditional green card through marriage in anyway?

    4) If, in an unlikely event my spouse and I were separated before the conditional green card becomes permanent, and my work I485 was denied, can I somehow re-open the denied I485 and port it to a new employer?

    5) If the answer to question #4 is I can no longer reopen and port after the work I485 is denied, and I have to start a new PERM process, can I retain my old priority date?

    Appreciate your help!

  • #2
    Originally posted by philips30 View Post
    I have two I-485s pending:
    - One I485 through work (EB2) and my priority date is about one year from being current. This I-485 has been in pending status for more than 180 days (1 year and 4 months).
    - One I485 through marriage and it was recently approved and I should receive my conditional green card shortly.

    1) I am planning to leave my current employer after receiving the conditional green card and use it for my next job. I assume if I do that, my work I485 will be automatically denied after certain time, is that correct?

    2) How long does it take for the work I485 to expire/be denied if I leave the current employer?

    3) Would this denial impact my conditional green card through marriage in anyway?

    4) If, in an unlikely event my spouse and I were separated before the conditional green card becomes permanent, and my work I485 was denied, can I somehow re-open the denied I485 and port it to a new employer?

    5) If the answer to question #4 is I can no longer reopen and port after the work I485 is denied, and I have to start a new PERM process, can I retain my old priority date?

    Appreciate your help!
    Hello there, you have way to many variables here and it's kind of confusing. I am not familiar with an employment sponsored AOS but I can tell you if you decide to terminate employment your employer will alert USCIS and they will consider the I-485 abandoned. So if you or your employer/sponsor paid for it you are out the money. Also your employer sponsored AOS is processed based on whatever the priority date. Currently USCIS has frozen all AOS applications in order to process as many applications for citizenship before the elections.

    Your AOS based on immediate relative is based on your spouses petition for immediate relative I-130 if she filed it and its approved she would have received "NOTICE OF ACTION" i-797 ON IT IS THE PRIORITY DATE AND IF YOU FILED CONCURRENTLY THATS HOW YOUR AOS IS PROCESSED.

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