Swapping I-140 from dependent to primary

[kaurgurvinder]

My I-485 was filled thru my husband who is in EB3 category.
Now I am also eligible to file my I-485 as primary applicant since my priority date is current and I am in EB2 category.
Is there a way to swap our I-140's so that I become primary applicant and our category becomes EB2 ?
Really appreciate your advice.

[txh1b]

WHAT?? Swap I140s?

You have to file yours and your husband gets to get added as a derivative with your PD. Then there might be a need to withdraw both of your other petitions as multiple 485s are not good.

This is what I know and there might be something else others have to add.

[kaurgurvinder]

I read "Pearson May 9 2000 Memo" . What I understood from it is that same beneficiary can change categories provided the priority date is current .. without filing a fresh 485 . What I am not sure is if spouse can become dependent if he was primary in the original application to change the category without filing a new application.


Appreciate your feedback.

WHAT?? Swap I140s?

You have to file yours and your husband gets to get added as a derivative with your PD. Then there might be a need to withdraw both of your other petitions as multiple 485s are not good.

This is what I know and there might be something else others have to add.

[txh1b]

Pearson memo is what interfiling is all about. But that is when the primary remains the same and switches categories. In your case, I don't see such a possibility as you are swapping primary and derivatives.