485 from both spouses.....Pl advise

sunny_sm

Registered Users (C)
Dear members,

Please share your knowledge in finding answers to my questions :

Both me and my wife are on H1 and we started processing our GC processing both sides.

My wife's labor was approved first from Chicago DOL and we pursued that by concurrent filing 140/485/AP/EAD in EB3 from Nebraska in May 2004. We got all approvals except 485. Now due to retrogression, since our PD is july 2003, this process has temporarily halted.

Meanwhile, my labor was approved from Atlanta DOL in Nov in EB2. I've already completed 5 years on my H1.

1. As a dependant, if I start using my EAD and abandon H1, would I be saving my last year of H1 ? In case something goes wrong in the process, can I fall back to H1 status ?

2. Can we take advantage of my EB2 labor by filing 140/485 from my side again ?

Appreciate your advises.
 
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