interfile for EB1 or continue with EB2


prakash06

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We applied for my wife’s I-140 and our I-485s concurrently under EB2 Category (Master’s) during July 2007. Her priority date is 11th Mar 2007 and her I-140 is approved in 2008. Our fingerprinting was done in 2008 and we received an RFE (to prove that our marriage is bonafide) in 2009 which we replied to in a month. Her priority date will be current in August as per the August bulletin.

Meanwhile I applied for I-140 under EB1B (Outstanding researcher) category and it is approved on 7/13/2011. I have a job offer starting Jan 1st 2012 with a different employer.

Now we are trying to weigh the options to continue with my wife’s EB2 or to interfile with my EB1B.

1) If we interfile with my I-140 under EB1B, after I-485 is approved should I stay with my current employer for 6 months or can I take the new job from Jan 1st?

2) How long would it take for I-485 approval with EB2 vs time with interfiling? I do see that there are many approvals with late 2006 and 2007 (jan and feb) approvals for EB2.

3) Since the primary applicant will change between EB2 and EB1B, would that make any difference with interfiling?

4) Is there anything else we should consider to make a decision.

I appreciate your time and advice.

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