863211老师, I asked you before. but still have question:
Here is our situation:I have 2 pending 485s: 1st 485 filed on july 2009 based my wife's I-140, EB3, priority date Nov. 1, 2005 (will be current in Aug.2012). this 485 filing includes ME & MY WIFE (2 persons). 2nd 485 filed on april 2012: based on my I-140. EB2, priority date sep.2, 2007 (currently unavailable). this 485 filing includes ME, MY WIFE & our DAUGHTER (3 persons, daughter was born in China, My daughter is current H4 dependent on me).
How can we combine/merge these two 485 together OR cancel the 1st 485 to avoiding the situation me and my wife's case were approved but our daughter lose her status.
863211老师's ANSWER: -You can not combine these two I-485 together and USCIS will approve one and deny another. So, your wife and you may just write a letter, respectively, to USCIS to withdraw the old I-485s. Describe the case in details in the letter such as when the I-485 was filed, receipt#, based on what I-140# (your I-485 was filed as your wife's I-485 as her derivative status), etc. and enclose copies of the I-485 and I-140 receipt.
Another choice is that your child can write a letter to USCIS to request the I-485 interfiling (I-485 relink) from your derivative status to her mother's dervative status and thus, you and your wife do not need to withdraw any I-485. Describe the cases in details (when filed, receipt#) in the letter about your I-485 (EB2), your wife's I-485 (Eb3) and your child I-485 and provide the copies of these three I-485s receipts. Also, follow up to make sure the interfiling is successful by calling regularly after requesting interfiling. I think this is the better choice.