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Posted on 17 Nov 2011
Q.

I-485 Interfiling

I have an EB-3 I-140 approved and a pending I-485 (ROW) from my former Employer A. I was single back then when my I-485 was filed in 2007. I moved to a new employer B (H1B) and employer B applied for a labor certification and got approved which is qualified for EB2. I also got married prior to moving to employer B. My attorney will be filing for new I-140 under EB2 and she is suggesting that if my I-140 gets approved, we submit an interfile letter to USCIS for my previous I-485 and not submit a new I-485 for me (primary) and not yet file for my spouse's I-485 (derivative/beneficiary) until we hear back from USCIS on the interfiling.

Question: Should the attorney submit the I-485 application for my spouse prior to sending the interfile request or should we really wait for USCIS response?

User's Location: San Francisco, California, United States of America
Category: Employment-based Green Card
Posted on 17 Nov 2011
A.
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David Rubman
Immigration Lawyer
Rubman & Compernolle
(312) 341-1907

www.rubmanlaw.com

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