Can I file an I-485 application based on my husband”s approved EB2 I-140 while my EB-5 I-829 is pending?

Don&#39t you already have a lawyer representing you in your case? You should be conferring with that lawyer. What you ask is a bit complicated and will require research. I don&#39t want to give you wrong advice.

No, you cannot file another adjustment if you are already a permanent resident. If his interview is scheduled abroad, you can surrender your green card outside the U.S., and then interview abroad at a consulate with him.

You are not eligible for adjustment of status as a derivative of your husband unless you abandon or terminate your current resident status. It is not advisable to withdraw your I-829 petition if it is a solid case but rather wait until it is approved and your condition is removed.

Your best bet is to wait for your I-829 to be processed and the conditions on your green card removed. It is not clear at all that you will be able to speed up the process by joining your husband&#39s EB-2 case.

Conditional permanent residents are not eligible to adjust status under most circumstances. Your current status would have to be terminated first (and you would have to remain eligible to adjust status somehow) or you would need to seek immigrant visa processing abroad for the EB-2.

If you are already a conditional lawful permanent resident and you have already filed your petition on Form I-829 to remove conditions, normally it would make no sense whatsoever to abandon your conditional permanent residency in order to start all over again by filing an application for adjustment of status based upon your husband&#39s EB-2 priority date once it becomes current. In order to do so, you would have to abandon your conditional permanent residency. You would only do this if you had some objective reason to believe that your I-829 petition will not be approved.

You cannot file for I-485 adjustment of status to a lawful permanent resident when you are currently a permanent resident with a pending I-829. If you withdraw your I-829 and your permanent residency, then you may be able to process for the I-485 as a derivative dependent.

Probably not. You already have permanent residency (even if it&#39s conditional) and you have already applied to remove conditions. The I-829 processing time is long right now, but so would be the I-485 processing time for an EB-2 (employment-based adjustments are in a range from one to three years right now).

No, you can&#39t file I-485 while you hold a green card.

Yes, but at the interview you will need to abandon the other if proceeding based on husband&#39s EB-2 case.