onthe Posted October 9, 2013 Report Posted October 9, 2013 I am wondering if my dependents' I-485 application depends on my I-140 petition. So I have my green card from an EB-1B 140 application but my spouse who concurrently filed I-485 with me is still waiting. I am wondering if I change my job so that my I-140 is revoked by my current employer, will my spouse's I-485 be denied? Thanks for suggestions from lawyers!
pontevecchio Posted October 10, 2013 Report Posted October 10, 2013 Her AOS is based on being married to you before you filed for Immigration. Since you have the GC where is the question of revoking the I-140?
Belle Posted October 11, 2013 Report Posted October 11, 2013 Yes and no. Technically it is, because yours in based on it. However, as long your I-485 is not denied/withdrawn and remains in the category that allows derivatives, her application "travels" with yours.
Attorney_15 Posted October 11, 2013 Report Posted October 11, 2013 A revoked I-140 generally impacts a dependent I-485 applicant if the revocation impacts the primary I-485 applicant. So, if the primary I-485 remains pending, then so would the dependent.
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