Question: can I be priamry on one I-485 application and be dependent on another one?

G

gcallison

Registered Users (C)
My current I-485 is pending for more than 6 months now. I'm the primary applicant in this application and my wife is the dependent.

I may have to change job soon and the new job description may not match the old one exactly. In this case, may we file another I-485 with my wife as the primary and me as dependent? My wife did have her own LC, I-140 approved from her own job before filing our current I-485 as my dependent.

Any advice is highly appreciated!
 
Thanks!

Since my wife has left and re-entered US with AP after getting EAD and AP, her H1 visa is no longer valid. She is working under EAD now. Does she need to re-apply H1 before she can file I-485 as the primary applicant?
 
no, she does not. the only requirement for filing i485 (other than a legal basis such as approved/pending i130 or i140 etc.) is that you should be in the U.S. legally. since your wife has a derivative status, even though she is not an H1 nonimmigrant any more, she is in legal status, so she can go ahead and file her i485.

i guess i should have added my usual disclaimer in my earlier post as well :)

DISCLAIMER
i am neither a lawyer nor immigration expert, and the foregoing should not be construed as legal advice or recommendation. please consult with a qualifed immigration attorney before making any decision.
 
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