Can I and my wife file I-485 thru different employers? Please advice.

[zavidm]

Can someone please advice.

My labor and I-140 was approved from my employer last year. As the priority date is current, I am applying for I-485 now and I am adding my wife as dependant in my I-485 through my employer.

My wife is also working and the labor is approved through her employer two months back. Now, as the priority date is current, She is also eligible for applying I-140 and I-485 together.

Now the question is, Can my wife also apply I-140 & I-485 through her employer even though I am applying I-485 through my employer and adding her as dependant?

Thanks in advance,
Zavid

[waitin_toolong]

Yes she can file on her own accord as well.

She is not really filing as dependant as in financially dependant on you but as a derivative beneficiary. So she can file and you can be included in her application as well. This way you will have a buffer application.

When one gets approved you will have to withdraw the other.

[zavidm]

Thanks for the quick reply.

At what stage, one can withdraw? Is it when EAD is approved or when the green card is issued?

[waitin_toolong]

I told you already as soon as one gets approved. File EAD and AP through only one of the applications.

[zavidm]

Thank you for the reply.

Zavid