Interfile for I-140


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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?


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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.

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