Seeking Guidance for the next step

[kaligal]

My husband is in EB-3 category. His PD is August 2007.His I-140 got approved in the March 2009. Now what is the next step?

Should we wait for filing I-485, until his PD become current?
I am new to the site, so I am not very much acquainted with the Legal lingo and USCIS process.
It would be very helpful, if someone can suggest something from their own experience.

Thanks

[Winner]

My husband is in EB-3 category. His PD is August 2007.His I-140 got approved in the March 2009. Now what is the next step?

Should we wait for filing I-485, until his PD become current?
I am new to the site, so I am not very much acquainted with the Legal lingo and USCIS process.
It would be very helpful, if someone can suggest something from their own experience.

Thanks

First, Welcome to IV. Please take some time to read and learn more about this organization, goals, success stories etc.

Answer to your question, yes...you have to wait till his PD becomes current.

[NWISE]

Spouse is from ROW
My place of birth is India
Spouse got her family based greencard in April 2007, arrived in US in May 2007
I arrived in July 2007 on H1
We got married in the US (court marriage) in August 2007
My employer is applying for my GC (PERM lodged in July 2008 - EB2)

Can I use cross chargeability?
If yes, can someone tell me how I could go about it?
My employer may not be very co-operative. Is there a way around it?
Any help will be much appreciated.
Thanks.

[NWISE]

^^^^^

Spouse is from ROW
My place of birth is India
Spouse got her family based greencard in April 2007, arrived in US in May 2007
I arrived in July 2007 on H1
We got married in the US (court marriage) in August 2007
My employer is applying for my GC (PERM lodged in July 2008 - EB2)

Can I use cross chargeability?
If yes, can someone tell me how I could go about it?
My employer may not be very co-operative. Is there a way around it?
Any help will be much appreciated.
Thanks.

[jthomas]

Spouse is from ROW
My place of birth is India
Spouse got her family based greencard in April 2007, arrived in US in May 2007
I arrived in July 2007 on H1
We got married in the US (court marriage) in August 2007
My employer is applying for my GC (PERM lodged in July 2008 - EB2)

Can I use cross chargeability?
If yes, can someone tell me how I could go about it?
My employer may not be very co-operative. Is there a way around it?
Any help will be much appreciated.
Thanks.


I think during the stage og I-485 they need to know your place of birth. I-485 can be done by you. Employers need not be involved during I-485 process. First let the employer complete labor, I-140 and then you can work on cross chargeability

Second option :- apply for K/V Visa (Check i am not sure whether its K or V visa). If a PR has married to a legal status spouse in US they can apply for that visa. Maybe you can get a GC faster through that process. However i feel you would eb able t get your GC faster through your wife than by EB.

this is just my suggestion. i am not a immigration expert or a lawyer.

J Thomas

[Ramba]

Spouse is from ROW
My place of birth is India
Spouse got her family based greencard in April 2007, arrived in US in May 2007
I arrived in July 2007 on H1
We got married in the US (court marriage) in August 2007
My employer is applying for my GC (PERM lodged in July 2008 - EB2)

Can I use cross chargeability?
If yes, can someone tell me how I could go about it?
My employer may not be very co-operative. Is there a way around it?
Any help will be much appreciated.
Thanks.


You may not able to enjoy cross-chargability when you file your 485, though your wife belongs to ROW. Cross chargabilty will work only when both spouses apply 485 to adjust status. In that case, they will take your spouse county of birth to charge for her and you. To cross chargability, both must file 485. However, as your spouse already a GC holder, she will not going to apply 485 when you apply. In this case you will be charged against your country of birth only, if you go via employment GC route. or you can consider family based immigration if it is speedy one.

[NWISE]

Thanks for the input JThomas/Ramba.

Unfortunately, the K visa is for US Citizens only and the V visa is only available if spouse petition was filed before Dec 21, 2000.
EB-2 is current for ROW and EB-2 (I) has approximately the same time frame as F2A so I am trying to see if I can apply for CC.
Would Counsular Processing work? Anything in FAM that would help?