2 I-485's

[new707]

Hi,

I have a situation and want what anyone of you know about this.

My spouse applied and got I-140 and applied for I-485 and I was included as a derivative. I also got the EAD. However, I also applied under Outstanding researcher category and just got my I-140 approved. I also applied under Extraordinary ability category but that is still pending.

My question to you is:
1) How long an I-140 is valid? The reason I am asking is because, I do not want to unnecessary apply for another I-485 if there is no time stipulation on.
2) If I apply for another I-485 (remember in the first I-485, I was a derivative to my spouse) can I apply and also can I now include my spouse also as a derivative to my I-485?

Hope to hear.

Regards.

 

[jaxen]

1. Generally forever. If the demand for that position exists ..
2. Yes you can. you will be reusing the A# from the pending I485. It is perfectly legal for a husband and wife to pursue their own employment based GC and include other as derivative. You can also opt for Consular processing on one of the application.

next time please post in general I485 issues. your Q is not a FAQ.