Unique situation..please help

V

vsekhar

New Member
Here is my situation..

My I-485 was filed as a derivative application and has been pending for a while (priority date is current as of May 08)..My husband got his I-485 approval.

My employer later filed labor (approved) and I-140 which is pending..(priority date is not current)

After my I-485 status check with USCIS, i was told that my I-485 is pending due to pending I-140.Even though my I-148 is filed as derivative, once I-140 is filed under my name..that takes precedence.
What are my options now to go back as a derivative?.
Can i withdraw I-140 filed by my employer?.If so, will it affect my pending 485 application?.

Thanks for your help
 
vsekhar said:
Here is my situation..

My I-485 was filed as a derivative application and has been pending for a while (priority date is current as of May 08)..My husband got his I-485 approval.

My employer later filed labor (approved) and I-140 which is pending..(priority date is not current)

After my I-485 status check with USCIS, i was told that my I-485 is pending due to pending I-140.Even though my I-148 is filed as derivative, once I-140 is filed under my name..that takes precedence.
What are my options now to go back as a derivative?.
Can i withdraw I-140 filed by my employer?.If so, will it affect my pending 485 application?.

Thanks for your help
Click to expand...

Someone has given you wrong info. You do not have to mention your I-140 pending. Just you are derivative is enough .
 
number30 said:
Someone has given you wrong info. You do not have to mention your I-140 pending. Just you are derivative is enough .
Click to expand...

Thanks for your reply...I was told this by IO @ USCIS when i called for status check. She said my 485 is pending because of my pending I-140.
 
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