concurrent I485 filing for both spouses

[thamarai.raju]

Hi, me and my wife are on separate H1 petitions and both have our I140. My priority date is in 2012 and my wife priority date is in 2014. Both our companies have agreed to file for EAD and I485 in EB3 category as our dates are current. I read online that we are not supposed to have interfiled I485 ie) both me and my wife filing, including each other's name.

My questions is that which is the best approach to take and whats the reason for the same,
1) We both apply for I485 and withdraw one of them when the other gets approved. The problem with this is we don't know which one will get approved first.
2) I(with 2012 priority date) apply for EAD and I485 in EB3 and my wife(with 2014 priority date) continue on EB2.
3) I(with 2012 priority date) continue on EB2 and my wife(with 2014 priority date) apply for EAD and I485 in EB3.

I am leaning towards point 3, where my wife applies for EB3. The reason is that my priority dates are closer to EB2 final dates(in case they move) and also EAD dates for EB2 are in 2011 which might also move hopefully.