pritim Posted May 14, 2011 Report Share Posted May 14, 2011 Hi, I am on EB3 with I-485 filed ( myself as principal and spouse as derivative) . My husband had a separate EB2 application (no I-485filed) . His dates are now current. Does he have to file the 485 with him as principal applicant this time or can he interfile? What's the process to interfile? Thanks Link to comment
Belle Posted May 15, 2011 Report Share Posted May 15, 2011 He may interfile his pending I-485 with his I-140, but only if he has a job offer from the original employer. Some lawyers will advise to file a new petition, and it actually may be quicker, since primary's filing is a bit more complicated than derivative. I would start with making a serivce request to switch him to being primary on his own I-140 (call and give I-140 receipt number) and then wait for an RFE. Link to comment
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