485 filing with different 140

[angel_lin_1999]

Dear All,

I am going to file my 140 and 485 concurrently as EB1(b) Oustanding Researher. My husband filed his 140 as EB2 in May 2005 and has been approved. But he couldn't file 485 right now due to his effective day. Now if my husband file his 485 with my 140, but attaching his 140 approval of the EB2 case, what will happen to him? Would he benefit from my EB1 case?

Thank you very much.
angel

 

[ajasha]

Your husband can file his 485 with your 140. but there won't be any benefit of his 140 approval. if his date wil become current then he can transfer all the 485's to his approved 140 especially if they are in same center. but talk to a lawyer about this. because if you are filing to different center and his 140 was approved by different center, then it will be difficult to get it transferred.