Substituting Old I-140 with New I-140 to Already Filed I-485


Dr. William:

Could you tell me what is the advantages of substituting old I-140 with new I-140 to already filed I-485, compared with re-file a new I-485?

By the way, Can I (or my spouse) use EAD card getting from I-485 sponsored by my previous employer, if I replace previous I-140 approval with the newly approved I-140 for the current I-485 petition? Or I need to re-apply new EAD? Thank you for taking time to reply my concern.


In your case, you changed employer after I-485 petition based on EB1-OR I-140 approval. If you do not replace the previous I-140 approval, you may have problem later for USCIS questions or possible RFE about you current employment situation, since EB1-OR I-140 is employer dependent. You should be able to use EAD card getting from I-485. But it is safer to get a new H-1 form the new employer, in case the I-485 is denied by USCIS.





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