Applying Second i485

I am a citizen of India. I have an EB2 approved i140 PD June 2014. My wife has EB3 approved i140 PD October 2014. Both have different employers. In oct 2020, I applied for i485 as a dependent of my wife. We both have now approved EAD and AP but our i485 is still pending as the final action date of EB3 retrogressed to 2012. We maintain our employment status in H1B. Now EB2 filing date (not the final action date) is current for my priority date. I am planning to apply for the second i485 under EB2 category. I have the following queries

  1. Is there a chance USCIS will ask to withdraw one application before the final stage of any of the i465 approval ( Example while approving EAD/AP itself for second i485)
  2. If the final action date on EB2 becomes current for my priority date, Is it possible to retain the receipt date of our earlier i465 filed under EB3 (as dependant) through interfile?

Yes, they will for sure.

Your question is not clear. I don’t think there is anything to do with interfiling here as both of you are primary in your own EB2 & EB3 queue and dependent on each other’s I-485 application. You can do interfile if one of you is primary for both EB2 & EB3 I-140, then you can interfile to switch EB category.

1 Like