Switching I-485 PETITION BETWEEN SPOUSES - MR MILLS Please Help

lca123

Registered Users (C)
Dear Jim

You have been providing valuable assistance to all of use I-485 filers and our heartfelt thanks to you.

I have one question for you. I filed 1-485 at VSC as primary applicant and my wife as secondary. Both of us have been Fingerprinted and alloted A (Alien Nos). I may end up losing my job and may not be able to find someone to sponsor with a job and take over my I-485. My wife has her I-140 EB1 application recently approved.

Will VSC now allow us to switch our original applications and make her Primary applicant and myself secondary.

Please help!!!
 
I\'m not sure of this one

My feeling is probably no (in fact, I\'m almost certain that the answer is no) but I have never tried so I don\'t know for sure.

Jim
All of my experience with this type of situation was with NYDOL. It normally adds about 6-8 months to the case to fight this out with DOL/SESA. In most cases that I have been involved with, eventually the employer deceided to promise to pay the prevailing wage as determined by SESA rather than risk a denial. It\'s possiblt to fight it out but it\'s really a chancey situation. If your attorney thinks s/he can do it then it is probably possible.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Your wife can file new 485 and EAD with you as the dependent, cant\' she? So what\'s the problem? Th

By the way, are you switching spouses or is it a typo. If you are, then I take back the above :-). Otherwise, the question to ask an attorney: can multiple 485s be filed on your behalf, esp if you are not the primary.
 
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One of our friends got this done. Their lawyer is Sam Chang in
Washington DC.

Here is his number: 202-783-8905. Give his office a call.
 
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