LC & I-140 confusion

[spider]

My husband's PERM LC is approved under EB3 category. He is now ready to file I-140. He added my name as dependent in his LC and I-140.

I will be filing LC under EB2 Category this Oct.

My questions:

1) Can I separately file LC and I-140, eventhough he added me as dependent in his LC and I-140? Will it affects his LC & I-140?

2) Because mine is EB2 and his is EB3, I am thinking to add his name as dependent when I file for "I-485 Adjustment of Status" so we get our GC faster when compared to EB3 Category. (He is not going to apply I-485 with his company). Am I doing it right here? Please advise.

[txh1b]

1. Your filing has no relation to his even if your name is mentioned in the I140, it is just a formality. It is recommended that only 1 I485 be applied depending on whose PD has an earlier date. Even multiple I485s are allowed but many lawyers highly discourage doing so as it could lead to complications.

2. Depends on your PD and his PD and how things change with USCIS.There is no right/wrong thing in this matter.

[DMX17]

You are not part of his GC and he is not part of your GC until one of you reaches the I-485 stage based on the PD. Your PD will likely be current before his. At this time, you can file I-485 with your husband as a derivative.

Basically, dependents only come in the GC picture at I-485 stage.

[spider]

Thanks to both of you.

Basically, dependents only come in the GC picture at I-485 stage.

Thanks to both of you