I944 dependent - Do you have an approved I140 - Both Spouses Independent I140s

Hi Anil, I have an approved I140 and my date is current under Oct bulletin, so I am the primary/principal applicant for I485 filing. My husband will be the derivative applicant. But he also has an approved I140 (the date is not current yet).

One question on my husband’s I944: Part 4 - Your Education and Skills - Should he answer ‘Yes’ or ‘No’ for ‘Do you have an approved I140’? Also, whose receipt number should he enter? Thanks!

You should answer yes if i140 for your husband (dependent for this i944) is already approved.

Thank you. And, whose receipt number should he provide in the I944 since he is a dependent?

Isn’t the question for the dependent? Then the answer should also be for the same person’s i140 as per my understanding.

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Thanks Anil. I got a chance to check with my attorney and he suggested the same as well and was able to file on time.

We just got out I485 receipt notices. I was assuming that on my husband’s (dependent) I485 notice, the priority date would have been blank or have my EB1 priority date. But, I saw that it has his EB2 priority date (not sure if USCIS got this from his A number or I140) - will this cause an issue?