I read the following message regarding "switch" underlying I-140\'s for AOS if both husband & wife have separately approved I-140\'s. I have been trying to confirm this INS HQ policy mentioned in the message below but have been unsuccessful. Have anyone out there tried this option? If yes, please share experience. If anyone knows where to find this policy, please also advise. Thanks in advance!
News posted in "www.immigration-law.com":
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Therefore, the TSC filers will have two options: One option is the current INS HQ policy that permits "switch" of direct beneficiary without affecting the pending 485 applications for the spouses. For instance, a wife files I-485 as a dependent beneficiary along with her husband\'s EB-485 application based on her husband\'s approved I-140 petition. Later her own I-140 petition is approved and priority date is current. She can replace her husband\'s underlying approved I-140 petition by her own approved I-140 petition as the new underlying I-140 petition. In this case, her husband will be switched to a dependent beneficiary applicant and she will become the principal beneficiary applicant. This switching will not affect processing of their on-going I-485 applications in terms of processing times or otherwise. This can be a lifesaver when the original applicant (the husband in the illustration) loses a job pending I-485 or faces a potential denial for whatever reasons. On top of this option, TSC allows concurrent filing of two I-485 applications by an individual applicant as another option. If this practice is stretched, the whole family will be able to file more than one I-485 applications concurrently and take advantage of approval of whichever applications that come along first. In this scenario, each spouse will have two applications, one as a principal applicant and the other as a dependent applicant. The children could have two applications, both as a dependent applicant.
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News posted in "www.immigration-law.com":
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Therefore, the TSC filers will have two options: One option is the current INS HQ policy that permits "switch" of direct beneficiary without affecting the pending 485 applications for the spouses. For instance, a wife files I-485 as a dependent beneficiary along with her husband\'s EB-485 application based on her husband\'s approved I-140 petition. Later her own I-140 petition is approved and priority date is current. She can replace her husband\'s underlying approved I-140 petition by her own approved I-140 petition as the new underlying I-140 petition. In this case, her husband will be switched to a dependent beneficiary applicant and she will become the principal beneficiary applicant. This switching will not affect processing of their on-going I-485 applications in terms of processing times or otherwise. This can be a lifesaver when the original applicant (the husband in the illustration) loses a job pending I-485 or faces a potential denial for whatever reasons. On top of this option, TSC allows concurrent filing of two I-485 applications by an individual applicant as another option. If this practice is stretched, the whole family will be able to file more than one I-485 applications concurrently and take advantage of approval of whichever applications that come along first. In this scenario, each spouse will have two applications, one as a principal applicant and the other as a dependent applicant. The children could have two applications, both as a dependent applicant.
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