If your applied labor and priority date is before Jan 1, 2002, you defintely can file 140/485 concurrently.
If not, there are some notes in http://www.immigration-law.com. It says:
Another rule one should keep in mind is that a spouse may be charged to the state of accompanying spouse inasmuch as both spouses simultaneously applyt for the immigrant visa and admission. Again, here, his/her spouse's state is determined not by the citizenship but by the place of birth. Accordingly, if the spouse of EB-3 professional or skilled worker was born in a country other than India, China, or the Philippines, the EB-3 alien can borrow his/her spouse's place of birth for the purpose of the visa number chargeability and may file a concurrent I-140/I-485 packet even after January 1, 2005.
You may want to consult a lawyer about this.
If not, there are some notes in http://www.immigration-law.com. It says:
Another rule one should keep in mind is that a spouse may be charged to the state of accompanying spouse inasmuch as both spouses simultaneously applyt for the immigrant visa and admission. Again, here, his/her spouse's state is determined not by the citizenship but by the place of birth. Accordingly, if the spouse of EB-3 professional or skilled worker was born in a country other than India, China, or the Philippines, the EB-3 alien can borrow his/her spouse's place of birth for the purpose of the visa number chargeability and may file a concurrent I-140/I-485 packet even after January 1, 2005.
You may want to consult a lawyer about this.
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