Changing I-485 category without refiling.

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Bystander6

Registered Users (C)
Dear experts:

I have a penidng derivative I-485 from my spouse (my spouse is the principal applicant). Now I have my own approved I-140. My employer specified A# from my existing I-485 in the I-140 form when my employer applied for my I-140.

I am wondering if I need to refile I-485 or I can simply send a letter to USCIS to change my category without refiling. Is there any law, regulation, or memo that allows us to do this?

Any suggestion is welcome. Thanks.
 
Bystander6 said:
Dear experts:

I have a penidng derivative I-485 from my spouse (my spouse is the principal applicant). Now I have my own approved I-140. My employer specified A# from my existing I-485 in the I-140 form when my employer applied for my I-140.

I am wondering if I need to refile I-485 or I can simply send a letter to USCIS to change my category without refiling.

---------- if your PD is current you can file your second I-485 (write your A# on I-485 form)

** what is your PD(LC filing date) EB2 or EB3
*** what is your spouse PD? EB3or EB2?
what do you mean by "change my category "

Is there any law, regulation, or memo that allows us to do this?

Any suggestion is welcome. Thanks.
Click to expand...
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Thanks for the suggestion.

EB2, PD 5/19/2006. I know I can file another I-485 but I am wondering if I can change my existing I-485 from derivative one to principal one to save some money.

Current I-485 category: Derivative I-485

I would like to change to principal I-485 so that USCIS can approve my I-485 based on my I-140.

Any suggestion is welcome. Thanks.
 
Bystander6 said:
EB2, PD 5/19/2006. I know I can file another I-485 but I am wondering if I can change my existing I-485 from derivative one to principal one to save some money.

Current I-485 category: Derivative I-485

I would like to change to principal I-485 so that USCIS can approve my I-485 based on my I-140.

Any suggestion is welcome. Thanks.
Click to expand...

your case is :EB2, PD 5/19/2006

what is the PD of the dervative I-485 that is pending? EB3 or EB2 of the primary applicant?
 
Derivative I-485 will have the same PD and EB2 with the principal I-485. Also we are from non-retrogression country.
 
Bystander6 said:
Derivative I-485 will have the same PD and EB2 with the principal I-485.
-----------PD is the date LC was filed with DOL.
Also we are from non-retrogression country.
Click to expand...

You have earlier posted:
"I have a penidng derivative I-485 from my spouse (my spouse is the principal applicant)"

*** what is the PD of your spouse? PD is the date LC for your spouse was recieved by DOL.
I understand that you have I-485 pending and that is dervative I-485 that you filed based on your spouse LC approval. what is the date of that LC PD?
your spouse PD may be early then your PD.
** why you want to file second I-485 as Primary when you have dervative I-485 pending on the base of your spouse LC and I-140??
 
She wants to be a principal. That is her choice. Can you give a direct answer if you know it?
 
Hi guys,
Kind of not directly related question, but my 485 was applied as a EB3, when I was eligible for EB2, now I have my EAD for more that a year, question is since the difference of processing time between EB3 and EB2 is considerable and since my son will be 18 in 3 years, was hoping is there any way for the same priority date can the application be changed to EB2. Info appreciated.
thanks
 
My original question is simple. Is there anyway to change underlying I-140 without refiling I-485? There are many reasons that people trying to do this way. Cost and priority date change are two major reasons of doing this. Is there any success story to share? Thanks.
 
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