switch primary and derivative when Interfile I-485?

[Youli]

Hi, all

 

My wife and I are from China (Mainland). My company concurrent filed I 140 and 485 under EB1B in Jan 2018. I am the primary applicant on the EB1B case(140 approved, PD is Jan 2018), my wife is derivative. Our 485 forms are pending now, because cutoff date for EB1 China is Feb 2017 in the visa bulletin of Feb 2019. And the cutoff date for EB1 china is moving slowly recently. 

 

However, my wife filed EB2 NIW back in Oct 2015, which was approved. Her priority date was Oct 16th, 2015 and the current cutoff date for EB2 China is Oct 2015 in the visa bulletin of Feb 2019. Maybe it will before current in the visa bulletin on March 2019.  We are wondering if it is possible to file another I 485 for both of us based on my wife's EB2-NIW in order to get the green card fast. We are not sure if USCIS will allow each applicant have two 485 forms. Will this cause any issue to our pending 485 forms based EB1B? 

 

[pontevecchio]

Having two applications for AOS has tended to delay things in the past. In theory, you could do both. I would first get a Lawyers take on the matter to avoid both applications being delayed.

[Youli]

@pontevecchio Thanks! I actually talked to different immigration lawyers from different firms which gave me different opinions. One said it it totally ok to file another I 485 forms for both of us based on my wife's EB2. The other lawyer said that USCIS will not allow each applicant have two 485 forms, and it will only delay things (same as your thoughts).

That's why I am very confusing now.