Question on filing second adjustment of status application.

[IndianWaitingForGC]

I filed for adjustment of status (I 485) in 2012 with my spouse as a dependent and both of us got our EAD + AP card at the same time. My priority date is 10/30/09.

 

My wife has a priority date of 04/18/08 but her employer in 2012 was not ready to file for paperwork. Her current employer now started her green card process and has filed I140 with re-capture of her priority date (04/18/08) which is more favorable than my priority date (10/30/09)

 

My questions is about my wife's filing of adjustment of status with me as a dependent -

 

1) Does USCIS allow two AOS applications per person ? Does this mean that after filing of my wife's AOS, both me and my wife will get another EAD card and will have 2 EAD cards from each of the applications.

 

2) If USCIS asks us to choose to pursue one of the applications, and we pick the later one, does the first EAD card get cancelled. Both me and my wife are employed on EAD cards and what happens to our employment if the card is getting cancelled ?

 

3) Do we need to file a second AOS application or is it possible to ask USCIS to adjudicate our pending application with my wife's priority date which has now been captured with a new I140 ? Have you seen such cases where USCIS

 

4) My current employer also filed for my H1B as a backup. However I joined the employer with EAD card before the H1 was approved. During this process, do I need to switch to H1B for any reason ?

 

Thanks,

IndianWaitingForGC

[JoeF]

The proper way is to amend the I-485, i.e., changing the underlying immigrant petition.