Can i apply for a new i485 while my existing i485 AOS is pending due to an RFE

[gstanly7]

Can i apply for a new i485 application with my existing i485 AOS, 1st application is pending due to an RFE and not denied yet. In essence, before the 1st application is denied can i apply for a new 485 application with the current 485 status ?

[newacct]

But why would you want to do this? Is the new I-485 going to be based on a different petition? Or the same petition? Do you think the first I-485 will be denied? If so, why?

[gstanly7]

I did not have the documents requested in the rfe and hence couldnt reply the rfe on time. Uscis would send their denial letter anytime.. i would loose status as soon as i recieve the denial letter...to maintain status, i was looking to apply 485 again with the current 485 status and try to work on the same documents again

[newacct]

A pending application does not give you status. If you are otherwise out of status, and you are immigrating in a category that needs status to file I-485, you still can't file, even if you have a pending I-485. (And if you are in a category that does not need status to file I-485, then it won't matter if you file after the denial.) What category are you immigrating in?

Also, you have 30 days after a denial to file a motion to reopen if you have new evidence.

[gstanly7]

Thanks Sir for your contribution...It helps to understand my current situation.
I am in EB2 category, my previous employer doesn't want to support me with a Supplement J/offer letter for my RFE.

What options do i have ?

[newacct]

Then how do you propose to file a new I-485?

[gstanly7]

i was planning to file a 2ns 485 with a new offer letter which is six months old and the current EAD card with AOS
All the other documents would be almost the same, with this approach i can buy time to address the RFE(supplement J) from the 2nd 485.

Only question is, Is this approach technically valid ?

[newacct]

When you file an employment-based I-485 separately from the I-140, you must file Supplement J together with your I-485.