EB1 I-140 approved, Derivative I-485 pending as dependent

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 onthem 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!
 
Yes, Absolutely no problem, you can file an I-485 to take advantage of the visa number. Two I-485s could create a confusion(not against any rule), but several people including myself, have filled two 485s inorder to make sure to use the advantage of visa numbers. The chances of linking pending 485 to approved I-140 needs a lot of luck
 
Definitively file a new I-485. Worst case they will ask you to withdraw the old one before approving the new I-485 you filed.
 
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