Can we use another 140 for our 485?

[mango_pickle]

My husband and myself work for different companies and we both got our labor and 140
approved in Jan 2002 separately. We used my 140 and filed for 485( for both of us) in
March,02. I lost my job now. We now want to file another 485 using my husband's
approved 140. What happens to our notice date? Will INS take this as an amendment to the
original application and append to the first one( because A# will be the same?)
and we retain March,2002 date? Or will this be treated as a whole new application?
How does this work? Thank You.

 

[BitterMan]

mango_pickle,

you can certainly file another I-485 based on your spouse's I-140 (which you should have done long ago, by the way). But, I am afraid, you will not be able to substitute another I-140 into your already pending I-485 that way. The process will have to begin all over again.

On the other hand, if you are still in possession of valid H visas, it might be a good opportunity to explore Consular Processing path. It could be quite a bit faster than filing another set of Adjustment of Status applications...