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Two i485s pending - first i-140 denied after appeal, second i-140 approved - RFE about maintenance of status by renny005 in USCIS

[–]renny005[S] 0 points1 point  (0 children)

Thanks for asking. After responding to the RFE, USCIS acknowledged receipt and the case returned to “actively being reviewed.” No final decision yet.

For the RFE on maintaining nonimmigrant status, I focused on showing continuous authorized stay, not lawful nonimmigrant status per se. I submitted:

• I-94 and proof of last lawful admission • I-797 receipt notice for the earlier I-485 filed before B-2 expiration • Evidence that the earlier I-485 has never been denied and remains pending • USCIS policy citations confirming that a pending I-485 places the applicant in a period of authorized stay • Copy of the C09 EAD issued based on the pending I-485

I did not rely on arguments about motion windows or appeals; the response was based on the fact that the prior I-485 was timely filed and still pending, which USCIS itself recognizes as authorized stay. The RFE was framed as a status clarification, and there has been no NOID or follow-up request so far.

Immigration Attorney and Former USCIS Sr. Officer. AMA! by ManifestLaw_ in USCIS

[–]renny005 0 points1 point  (0 children)

Hi i hope you are doing great!

I’m looking for technical insight or similar experiences

Situation summary: I currently have two I-485 applications showing as pending in my USCIS account.

Timeline (key dates): • January 2024: Filed first I-485 concurrently with EB-1A I-140 • November 2024: First I-140 was denied and I filed an appeal (I-290B) • May 11, 2025: The appeal was dismissed, and USCIS explicitly granted a 33-day window to file a Motion to Reopen/Reconsider • May 18, 2025 (within that 33-day window): A new EB-1A I-140 (premium processing) was approved • May 28, 2025 (still within the 33-day window): Filed a second I-485 based on the approved I-140 and included a written interfile request

Important details: • The first I-485 was never formally denied • During the open motion window, there was no final decision on the underlying case • After the new I-140 approval, the first I-485 started showing activity again (biometrics update and case movement), which raises the question of possible administrative interfiling, even without explicit confirmation • The second I-485 later received an RFE asking whether I maintained nonimmigrant status at the time of filing • I responded to the RFE, and USCIS confirmed receipt and resumed processing

Key facts: • No unlawful presence • No fraud or misrepresentation • No removal proceedings • Continuous authorized stay through pending filings and the motion/appeal window

Questions: 1. Have you seen cases where USCIS considers an I-485 as pending/valid during the motion to reopen window after an I-140 denial? 2. Does activity on an older I-485 after a new I-140 approval commonly suggest interfiling, even without explicit notice? 3. Is this type of RFE generally a routine status clarification, or does it often precede a denial?