Interfiling I-485

[montecarlo]

I'm looking for guidance on our scenario regarding I-485 filing.

I have a approved I-140 from my previous employer with EB2 priority date of Jan 2008. I have moved to another company and is preparing to file for new PERM within the next 2-3 months and port the old priority date.

In the meanwhile, my spouse had approved I-140 with EB2 priority date of Nov 2009. With February 2012 visa bulletin, she is current and we can both file for I-485.

In the next few months when my current company files for I-140, is it possible to interfile I-485 making me primary and my spouse as derivative so that we can get the green card faster due to my earlier priority date.

Thanks and looking forward for advice.

[mike999]

Best would be to file based on your wife's PD. Chances of getting GC are good within 6-8 months from now if no RFE and even before your new PERM with new employer is approved.

[pontevecchio]

It is extremely likely that your AOS based on your spouse will be approved many months before your PERM is even decided. Hence file AOS next month and wait for the GC. The advantage is also that you get to work in any field for any employer after that.

[montecarlo]

Thanks for the suggestions. We are going ahead with the 485 filing based on my spouse's petition.