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Can one have two I485 applications processing (1. through employer, 2. spouse of an applicant on employment based application)?

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Hi, I have a pending I485 application for employment based green card, with I131/I765 and I140 approved. My husband also has a pending I485 through his employer, however, there is a significant risk that his employer will lay him off in the next couple of months before his I485 i adjudicated. We only recently got married (after our cases were first filed). Due to the risk of being laid off, we are now going to add him to my adjustment of status application, however, we are getting conflicting advice about whether his existing I485 application through his employer needs to be cancelled first. His employer's lawyer is saying it does need to be cancelled before he gets added to my application, and my employer's lawyers are saying nothing needs to be done as long as we advise USCIS of the other application using he A number assigned to my husband. Can you please help clarify?

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  • 1 month later...

Yes. I was pending on my 485 through my mother when I filed another 485 as a new spouse of a USC. When my marriage 485 was approved, the other pending 485 was updated to say "benefit received through other means" and closed.

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