Apply for second GC in EB1 or EB2

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secondGCapp

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I am a dependent on my Husband's green card application (EB3). Looks like we will get it in 2012 or 2013. I am working on EAD. While working on EAD from his green card application, can I file for I140 and I485 by myself under National Interest Waiver (EB2) or EB1 category as an outstanding researcher? Do I HAVE to have H1B status to file for 140 and 485?
 
Are you sure that you can do a cross-interlink? that is, you are currently a derivative on the 485...u now want to be the primary on the 485. Check with some attorney if this kind of interlink is possible...if not, you may have to file another 485.
 
Thanks all, looks like I might to have to consult an attorney. My qualifications are PhD and postdoc (both in USA), research publications in conferences and peer reviewed journals. I have never filed 140 or 485 as a primary applicant. My husband filed for 140 and 485 together in September 2007 and his 140 is approved. Waiting for 485 approval (PD Nov 2002).
 
based on recent new provisions, you cannot link your old pending I-485 to newly approved I-140, if you have been working on EAD ( which u received based on old pending I 485) for more than 180 days.
 
cerruti2827 said:
based on recent new provisions, you cannot link your old pending I-485 to newly approved I-140, if you have been working on EAD ( which u received based on old pending I 485) for more than 180 days.
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This cannot be true. What new provisions are you talking about?
 
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