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I-140 - Can both husband and wife file separately?

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  • I-140 - Can both husband and wife file separately?

    Need help! Confusions!! :x My husband has filed for I-140 and I-485 together as per the new law and applied for parole and EAD cards for both of us. Can I individually file I-140 with my employer? My question is can we both separately file for I-140 even though one of us has applied for I-485? Please explain.

  • #2
    It is possible. But the question is, does it make sense?
    You can only have one I-485 pending, and that means you have to decide between being as dependent on your spouse's I-140 or use the one from your employer.

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    • #3
      I 140 followup question

      I guess I was not very clear in the earlier post.

      My husband has filed for his I 140 and we BOTH have filed for I 485 along with the I 140 for my husband (concurrent processing)

      After this, my Labor got approved.
      Can I file for I 140 through my employer when my I 485 is Pending?
      (why would I want to do that?.. My Husband's job is not very secure and he might get laid off. So my I 140 will serve as a backup.. just in case)

      So can I file I 140 when my I 485 is pending and what implication if any does this have on my I 485 application

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      • #4
        Re: I 140 followup question

        Sure you can, but it generally is frowned upon because it obviously is additional workload for USCIS, and their processing times are bad already. It somewhat makes sense in a situation like yours, although such situations usually don't come overnight and are foreseeable. If your job is more stable, it may have made more sense to go with your I-140 from the outset. Now, if your husband loses his job, you may need to file new I-485s.
        There are also the AC-21 provisions of allowed job changes, but I don't know if that works when the I-140 wasn't approved yet. You should check with a lawyer.
        But in any case, filing another I-140 has no effect whatsoever on a pending I-485.

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        • #5
          Hi all please advice
          if my wife can file for I 140 separately while she is already a dependent on my I140

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          • #6
            Originally posted by Shhibu View Post
            Hi all please advice
            if my wife can file for I 140 separately while she is already a dependent on my I140
            Yes she can.
            Just an opinion; Not legal advice.

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