485 filing question

[abc_420]

Hi

My 140 is cleared but i have a priority date of 2010 EB2.Now my husbands priority date got current(Nov 2007) EB2 and he will be adding me in 485.My question is should my employer withdraw my 140 since i will be going ahead with my husbands 485.Will there be any issues if i leave my 140 as is and go ahead with 485 filing.Please advice.

Thanks,

[Attorney_20]

If your employer still has the intention to permanently employ you in the green card job, you should not have your employer withdrawal the I-140 petition. In the event there is an issue with your husband's employment-based case that results in denial, you both would have your green card case to fall back on as long as your marital relationship stays the same. You can pursue both cases simultaneously until one of them results in green card production for you and your husband.