question regarding two I140 applications(EB1 and LC)

newbmonkey

New Member
I submitted I-140 and I-485 forms based on “outstanding researcher”(EB1) in Feb., 2004. As a result my wife got EAD and used it with her new job in Apr., 2004. Recently, I also got my labor certification and would like to submit another set of I-140 and I-485 forms. My question is: can my wife also submit the I-140 and I-485 forms together with me this time? My attorney told me since my wife’s first I-140 is pending, she can’t submit the second I-140 with me as a dependent. Is this correct?

Thanks a lot for your advice.
 
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