My wife and I filed our I140/I485 in August through her employer, her PD is March 2007 in EB2.
Now my labor is approved from backlog center and my PD is Dec 2002 in EB2.
Considering the retrogression this month,
(1) should we re-file our 485 via my PD ?
- For sure
(2) Should we withdraw our first 485 before file the new 485 ? as I heard two active 485 cases will cause problem.
- Not necessary
(3) Since I haven't file my I140 yet. Is there any reason I should file my I140 first and wait until it's approved to file the new I485?
- Only you think your I-140 may not be approvable