Hi XBT, I am facing the difficulty on if we need to file 2nd I485, which are based on my wife's 140. We already file I485 in March based on my I140 and do not get any feed back(but received I765 and I131). Two cases are from different servise center.
Please see the following message from my attorney whi is very good and kindly attorney. But I worry about if 1st I485 has some problems (like rejected), we will lose 2nd chances. Your kidly advice will be very appreciated.
According to USCIS internal processing procedures, if applicant files two I-485 applications, USCIS will transfer the two I-485 applications to a local office and request an interview which can delay processing. USCIS overview of I-485 processing procedures regarding duplicate filings refer to I-485 applications ted to a service center without a new fee, but with evidence that the original I-485 application is pending at another USCIS office or Service Center. If the USCIS officer encounters a filing like this, he/she should route it to USCIS Review. Duplicate I-485 filings will create delays in processing and USCIS will combine the two I-485 files. USCIS will not process the I-485 applications independently even though the applications are filed based on two different underlying I-140 petitions.
We recommend that you not file a derivative I-485 application based on your wife's employment based case since you already have your own I-485 application based on your approved I-140 petition pending. It is generally advisable not to file two separate I-485s since it can confuse the USCIS examiner and often result in a personal interview due to the file being very thick for a person. It is best to try and pursue one adjustment of status case whenever possible if the two spouses have two different cases being processed simultaneously.