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(2010-01-15 11:05:09)
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My daughter filed her 485 based on my Eb2. Now she is going to file her 2nd 485 based on her dad\'s Eb1a.
1.if she does not withdraw any of her two 485, and if her dad\'s 485 is denied, her two 485 will be denied together? or just the 485 based on her dad\'s Eb1a is going to be denied, and her EB2 485 will still be effective and be processed when the PD is current?
2. when she files 2nd 485(EB1a) , should she indicate that this is her 2nd 485? or should she indicate to cancel the 1st EB2 485 to save processing time when filing the 2nd EB1a 485 ?
3. She can file her 2nd 485 based on her dad\'s Eb1a any time before 21 years old even after her dad\'s 485 is approved? Thanks
Hello:
In response:
1. Only the I-485 that is linked to Dad\'s 1-140 will be denied. Her I-485 based as your dependent will remain valid.
2. Yes, she should make a full disclosure. She can explain that upon the approval of her I-485, she will withdraw the other I-485.
3.Yes.