Derivative I485 pending meanwhile I140 EB1-EA approved

M

madjad

Registered Users (C)
Dear all,
We are in a unique situation. I had filed EB2 Labor (Special Handling-University professor) in December 2004.I ultimately filed my I-485, with my spouse and son as dependents in July 2007. We have received our EADs and AP travel documents and have traveled on them as well. We are from India, and as everyone is aware the visa availibility is severely retrogressed.
My spouse had filed for EB1-EA in March 2007 primarily to extend H1 visa. We just received an email saying that his EB1EA- I140 is approved.
My questions are :
Can we file I485 under the EB1 category now. Advantage is that Visa numbers are available. ARe there any disadvantages to that?

Would appreciate any input or advice!
 
What is EB1-EA? Does this mean your spouse is qualified under EB1 category? In that case I would start another GC process from I-140 / 485 and withdraw the pending one.
 
Yes, His EB1 is approved. That means he can file his I485 but we have already filed him as a dependent in my I485 application. My application is in the EB2 category which is unavailable for India.

manwithnoname said:
What is EB1-EA? Does this mean your spouse is qualified under EB1 category? In that case I would start another GC process from I-140 / 485 and withdraw the pending one.
Click to expand...
 
madjad said:
Yes, His EB1 is approved. That means he can file his I485 but we have already filed him as a dependent in my I485 application. My application is in the EB2 category which is unavailable for India.
Click to expand...

You can interfile the EB1 I-140 to the existing EB2 485. No need to file fresh 485 at all. This replaces your EB2 I-140 with your spouse's Eb1- I140. It is doable. One of my firend did it though replaced EB3 with EB2, and got it approved.

All the best.
 
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