Interlinking of filed I-485 (in EB-3) as derivative to Spouse’s I-485 (EB-2)
Hello Sir –
Thank you for answering all our previous concerns through this immigration portal, which has always provided us with guidance we needed. Today, we have another question relating to my paperwork.
My permanent residency paperwork was filed by my first Employer (Company A) in EB-3 category with Priority Date: Dec 2004 and I got my EAD through Company A in 2007 but no GC as the dates retrogressed.
In 2010 I moved to a different company B due to family reason and started working using my approved EAD from Company A at a client site representing (Company B), who have not filed my AC21 (neither did I).
This month, my husband paperwork which was filed in EB2 progressed and the dates became current and now he is ready for submitting the I-485 applications. When my husband spoke to his Attorney, it was conveyed that they will only file his I-485 first and wait for the Receipt Notice. Once the Receipt Notice is received, my husband’s attorney will call up the agency and ask them to de-link my previously filed I-485 application from my I-140 that was filled through my Company A (in EB-3 category) and link to my husband’s I-485 as derivative.
The rationale provided by my husband’s attorney was that since my I-485 was already filed (and waiting its approval) it does not make sense to reapply another one. In addition, there is reasonable cost associated with it ($1070.00/- plus medical expenses).
My question is that, can this be done as stated above. That is once my husband’s I-485 filed and Receipt Notice is received, my husband’s attorney will call up the agency and ask them to de-link my I-485 application from my I-140 (EB-3) and instead link to my husband’s I-485 as derivative. If so, can this be done over the phone and which agency? And what is the exact process that they are expected to follow?
I am (and my husband) not concerned about the additional cost associated with reapplying my I-485 as dependent to my husband application. It’s just that I want to ensure what is the correct process for filing in our current situation. We just don’t want to miss the window and get delayed in getting the GC in this process as it is highly anticipated that the dates will be retrogressed again in the next bulletin (i.e. Sep’ 2013).