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Is withdrawal of existing i485 required

Ellicott City, MD |

I had filed EB2 I-140 and I-485 concurrently in 2007.However The I-140 got rejected and I filed a motion to reopen with AAO which also subsequently got rejected with the 3 year education rule. However in the interim I had started a new PERM and EB3 I-140 with the same employer and got it approved. The I-485 I had filed in 2007 is still showing as pending with AAO.Now I expect the EB3(ROW) I-140 PD to be current in the next few months. Can I file another I-485 at that time? Do I need to withdraw the old I-485 which is tied to the rejected I-140?

Attorney Answers 3


It would be a good idea to withdraw the still pending I-485 on appeal with the AAO, so as not to give USCIS any excuses to deny the new one you'll be filing. Have proof of the delivery of your withdrawal letter sent via certified mail, return receipt requested. As long as you send the withdrawal letter, you can file a new I-485.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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I would suggest you withdraw the first 485 that is showing as pending.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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I agree with my colleagues. Don't help USCIS come up with an excuse to make a mess of things. Just send in a fax, email and mail a letter withdrawing your prior I-485. Keep copies of everything and make sure you have proof of them receiving it (certified mail return receipt requested).

MEDINA LAW GROUP PC: EXPERIENCED TEXAS IMMIGRATION ATTORNEYS. email:; Phone: (210) 821-4500; Fax: 210-821-4500; 1802 NE Loop 410, Ste 104, San Antonio, TX 78217. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Furthermore, the content of this answer does not create an attorney-client relationship. I apologize in advance for any spelling or typographical errors. MEDINA LAW GROUP PC.

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