Hi. teacher 8 and pjiang.
I have been in EB3 and my 140 got approved before Jul2007. I submitted my I-485 around Jul2007. That also include my wife’s I-485 application as well.
I have applied EAD and AP and both got approved. I used EAD and AP as well.
My wife also applied EAD and AP as well (from my application of I-485). She used AP, but not EAD. He has been using her H-1.
My wife also submitted I-140 and got approved. She is in EB2, but she did not catch the date: Jul2007. Now my wife is current to submit I-485.
My questions are as following:
1. Does my wife’s I-485 application conflicts with her previous application (under my EB3, Jul2007 application).
-No. I hope you rwife used the A# of the previous I-485 for the new I-485.
Should my wife withdraw her application under my EB3 and file her own application.
-No. Had better not do that in case USCIS make miostake to mess up her case.
He has used AP (under my I-485 application), she also got EAD (under my I-485 application) but she has not used EAD. Do all of these (applied I-485 under my EB3, applied EAD and AP, used AP) conflict with her current I-485 application?
-No.
2. I also want file I-485 under my wife’s I-485 application. What about my own I-485 application? I have had my AP and EAD. I used my AP and I am using my EAD.
-Same as your wife.
My suggestion: if your wife has not file a new I-485 yet, she had better not file it and just do the I-485 relink from your EB3 I-140 to her EB2 I-140. Thus, you can save money and aslo the I-485 will be approved quickly because it has been filed for several years. You also do not need to file a new I-485, and just do the I-485 relink too.
See this link for the relink example:
http://bbs.wenxuecity.com/immigration/541265.html
