Switching I-485 PETITION BETWEEN SPOUSES - EXPERT HELP NEEDED

lca123

Registered Users (C)
Experts Please Help:

I amd working on H1B in State A and living there and have filed I-485 for myself and wife with me as the primary applicant.

I have also applied for EAD for myself and not for my wife. I am still awaiting the EAD approval.

My wife recently got her I-140 approval and she currently works in State B and I wish to relocate to State B since my company has a facility there.

Can I start working from State B office of my company based on the EAD card that I will shortly recieve?.

Will now making my wife the primary applicant and me the secondary applicant allow me to move?

Bottom line - How can I move to State B without violating any rules.
 
Switching I 485 primary applicant

I was in similar situation. My husband & I filed 1-485\'s using my husband\'s I-140. My I-140 was later approved and we wanted to switch primary applicant, i.e. use my I-140 for AOS petitions. It seems there is certain INS HQ policy indicating the possibility ( I read it somewhere). But practice at various service center is a different matter. My attorney called VSC and was told we could not do that. The other possibility is to file multiple petitions. It seems TSC allows multiple petitions. I was told VSC does not allow that. But you get different answers from different attorneys, even different IIO\'s. Of course, one can always drop the previous applications and refile based on the new I-140.
Hope this helps.
Please post if you find anything new. Thanks & good luck!
 
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