Filed 485 as independant, can I file RIR?

[chico85]

Hello, My husband filed his I-485 in Aug 2000 and soon after that we got married and I filed I-485 follow on to join in Jan 2001 and has already been approved of EAD. Both of us have already been fingerprinted. Now the situation is that there's a chance my husband would be laid off by his company. My question is - Can I start my own process of RIR with the company that I'm working for, just in case that my husband is laid off? My H-1 is already expired and I'm now using EAD to work. Thanks so much for your help.

Linda

[Doniw]

Filed 485 as independant, can I file RIR?

Linda,

Yes! You can start your own RIR Labor, I-140 and I-485 thru' your employer. Your present EAD will become invalid only when your present I-485 petition is rejected(which is unlikely considering the 180 day rule).

By the way, your husband can take up a new job on EAD, upon Layoff, and can start a new Labor, I-140 and still use the old priority date of the presently pending application to expedite the process.

Doniw.