Question on derivative status with 485 pending

[IndianWaitingForGC]

I have a question on derivative status.

My wife was working with employer X who filed for her H1, and I140 with a priority date of 04/18/08.

In '11 she joined a new employer and was working on h1 and employer was waiting for 6 months before starting labour and I140 porting.

Meanwhile in '12 my PD became current and I added her as a dependent on my I485 and filed adjustment of status for both of us and we got our EAD cards with this.

She is currently employed on her EAD and her PD is also current.

I am working on my H1 and also have an EAD due to the pending 485 application.

We are being advised that rather than filing a new H1 for her and starting the GC process from begining (labour + I140) we can apply for derivative status for her with me as the primary and directly file for her 485.

I have a few questions about this -

1. Which is a better route -> Ask employer to file new H1, labour, 140 and then 485 (due to her current PD) or go the derivative status route ?

2. If we go the derivative route then what are the steps. In the end will she get a GC or a second EAD of her own application?

3. If we go with derivative and she gets a GC, in future can I file a derivative status with her as primary and get GC the same route ?

Thanks in advance,
Praveen.

[pontevecchio]

There is a concept of interfiling. Multiple AOS applications are detrimental to you and may cause longer delays. Talk to a lawyer and move on.