Changing I-485 category without refiling.

[Bystander6]

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.

 

[DesiG]

If you already have an application pending, why don't you apply for a visa through the consulate in your home country? (If your PD is current, then you are eligible to do this).

That way, you will have both the benefits of EAD/AP and have the faster processing times of a lower EB group and consular processing.

Just an idea.

To answer your real question, I do know people who have two I485s pending... why would you want to stop and then restart the pending process? Keep them both going..

Good luck.

 

[p235]

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,

I am curious to know what you did. One of my friend is also in similar situation.
Could you please share?

Thanks,