Withdrawing I-485 filed under EB-3 after getting I-140 approval in EB-1

[vgdt]

My wife had filed as primary applicant I-485 under EB-3 in April 2005. I had also filed my I-485 as secondary applicant. Both of us have EADs valid till August 2010.

Now I got my I-140 approved under EB-1 category. I am the primary applicant and my wife will be now secondary applicant.

If I file my I-485 under EB-1 category what happens to the I-485 we had filed earlier under EB-3.

How do we handle this problem without our EAD getting cancelled till we get the green card/ new EAD under EB-1? Please advise.

[Attorney_17]

You do not need to withdraw the pending I-485s. Instead, you can interfile the I-140 (EB-1) approval into the pending I-485s. You may want to schedule a consultation with a qualified immigration attorney to discuss this matter.