Cross Chargeability & Interfiling

[shenoma]

Hi Immigration Gurus,

Please see my case below as my attorney thinks there is a lot going on here, but still proceeding based on what he knows:

My Husband's Green Card case:
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Category : EB3
PD: August 2007
I-140 approved
I-485 - For husband and me (pending)
We have our EAD and AP

My green card case through my employer:
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PD: July 2010
Category : EB2
I-140 yet to be filed

We recently found out that since my husband was born in UAE, we can charge the visa to that country instead of India(we are Indian citizens). However, as my husband's case is EB3 his EB3 ROW dates are not current(right now it is 2005).

We have decided to file cross-chargeability for my case by using his country of birth as EB2 ROW is 'current' and would work fine for both of us. MY attorney after checking our old I-485 applications mentioned that he would like to do an 'Interfile' of mine and my husband's old I-485 to my new EB2 case so that I don't have to file 2 new I-485s. Note that we both work for different employers.

My question is would that invalidate my husband's GC application through his company? If something goes wrong(say my I-140 does not get approved under EB2 or our I-485s get rejected (God forbid)), what would be our status?
Our H1-visas are expiring early next year.

Thanks for reviewing this in advance, looking forward to your opinions and advice.

 

[Jackolantern]

I don't think you can interfile if you want to. He is the primary on the EB3, you are the primary on the EB2. Interfiling would mean he goes primary->derivative and you go derivative->primary. I don't think that is allowed.

And in your case, I would file 2 new I-485's even if interfiling were allowed. That way if something goes wrong with yours, you still have his to keep you going, and vice versa.