Can we Substitute Husband\'s EB2 I-140 for Wife\'s EB3 pending I-485?

A

Ajay B

Registered Users (C)
Hi Strange thing is happening with me. Indian Applied I-485 on Wife\'s EB3 I-140. I-485 RD-26th Aug99. PD-Feb99 Not Current and
will be waiting forever to become current as dates went back in March 2000. Now my (Husband) I-140 got approved through
my emplyer in EB2. But I have already applied I-485 on wife\'s I-140 last year. But that is in EB3. Now for the same I-485 can I substitue
my I-140 which is in EB2 so that I don\'t have do whole I-485 procedure again on My name?

Anybody knows this. I am Software professional (EB2) and wife is Physical Therapist(EB3).
Can we substitiute Husband\'s new EB2 I-140 for Wife\'s pending EB3 I485.

Pls. help me. If you can find any information I will appreciate it.

Thanks. Ajay B.
 
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Since you are EB2 and current I think you can susbstitute although I do not know how the law treats substitution by a beneficary. Maybe your Attroney will know.
 
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Thank you very much Krishna for replying. My or my wife\'s Lawyer doesn\'t know much about this. My Lawyer just sent one letter to Immigration requesting them to substitute my EB2 I-140 in place of her Pending EB3 I-485. Let\'s see what happens. On top of that I
learned yesterday that since my wife is Healthcare worker her I-485 queue wait is different and much more than others.
I don\'t know what will happen? Can I call immigration Customer Service and talk to Immigration Officer directly giving my Case details? I don\'t know if this is advisable.

Anyway, I will untill INS replies and will post the reply here ASAP.

Thanks for your help. Ajay
 
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