I have a pending I-485 filed in the EB3 category. My wife’s I-140 was just approved in the EB1 category. Should I withdraw my I-485 and refile based on her EB1 case?

Answer

Withdrawing the pending I-485 at this point is probably not the best option. It may be possible to interfile, or one could potentially file a second I-485 and have both cases pending. Eventually, the USCIS will ask the applicant to choose one of the cases (typically at the interview). But, for now, it may be a better option to keep the EB3 case pending, if only as a back-up option. (10.Jun.2021)

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