My hu*****and sumbitted I485 as my dependent in 2007, and he has his own I140 approved from his previous employer. currently, he works for a new company with similar duty but different title. His PD is current(EB2), while mine is still waiting (EB3).
My understanding is that he has to start immigration from perm since he changes employer. Now, we get a RFE from USCIS, ask for employment verification letter from my hu*****and company, and if current employer is not the one when he submits I485, list all the companies that he has worked for during this period.
-I agree with your understanding. I think his I-140 is void because he left the sponsor without filing I-485 unless the I-140 sponsor will hire him back and issue him a support letter to address this promise. The USCIS officer may have thought he filed I-485 based on his I-140 and the I-485 pending is > 180 days now. Talk to your lawyer, anyway.
Also, they sent me a RFE too, asking whether I want to switch case as his dependent. Does anyone know what I should do? This seems not right - he doesn't submit I485 based on his I140,
so, will his I485 case get rejected later?
-No, no matter what will happen in his I-140, his I-485 will still be valid as long as your I-140 is valid.
Thanks for help. I am waiting for my lawyer reponse too but since it is weekend, she will only return to me next week.
