Tricky porting question

[ananth]

Here is my situation.

Applied for i-485 during Augest 2007, PD Jan 2004(EB3)
Married later and hence unable to file i-485 for wife, I am on H1 & wife on H4

Assuming porting to EB2, after PERM approved, apply for I-140(EB2)premium, port the date (Jan 2004) and request link to my pending i-485.

if I-140 approved, Since my PD is current for EB2, i-485 also get approved automatically? immidiately ? (incase if preadjudicated)

HERE IS MY QUESTION

When should I add my wife into my pending i-485 ? because if my i-485 get approved immidiately after 1-140 approval, My H1B becomes invalid, so does my wife's H4, Then she no-longer in leagal status to apply for i-485.

What is the best way to handle this sceanrio ?

Thanks in advance.

[spicy_guy]

Originally Posted by ananth

Here is my situation.

Applied for i-485 during Augest 2007, PD Jan 2004(EB3)
Married later and hence unable to file i-485 for wife, I am on H1 & wife on H4

Assuming porting to EB2, after PERM approved, apply for I-140(EB2)premium, port the date (Jan 2004) and request link to my pending i-485.

if I-140 approved, Since my PD is current for EB2, i-485 also get approved automatically? immidiately ? (incase if preadjudicated)

HERE IS MY QUESTION

When should I add my wife into my pending i-485 ? because if my i-485 get approved immidiately after 1-140 approval, My H1B becomes invalid, so does my wife's H4, Then she no-longer in leagal status to apply for i-485.

What is the best way to handle this sceanrio ?

Thanks in advance.

You need to join your wife during the EB2 140 stage.

[ananth]

Thanks for the response.

Just want to be clear. Do I file wife's i-485 along with my i-140 (EB2) ?
May be include a letter explaining the situation ?

[Tshelar]

Do not do a concurrent filing of I-140 and I-145. First get your EB2 I-140 approved with your EB3 priority date. Getting I-140 approved will not automatically approve 485 unless it is a concurrent filing. Then you have 2 options.
1)Interlink your existing 485 application to your newly approved EB2 I-140 by sending a request to USCIS. Along with that I think you can also send new 485 application for your spouse. Please confirm this option with your lawyer.
2)File 2 new 485 cases for you and your spouse based on you EB2 I-140 approval.

[ananth]

Thank you for the response.

Based on some research, multiple filing of i-485 is NOT recommeded for the same candidate. Hence I have to request for the link to the pending 485 after I-140 (EB2) approval.

May be as you said, I should not make this request until 1-140(EB2) approved. Just port the old priority date during i-140 and Get it approved. Then, while making the request to link, add my wife's 485 along with that.

Am I correct in my understanding? (sure, will check with atty before filing).

Thanks for the time.

[spicy_guy]

Originally Posted by ananth

Thanks for the response.

Just want to be clear. Do I file wife's i-485 along with my i-140 (EB2) ?
May be include a letter explaining the situation ?

When filing 140, your lawyer / employer would ask for your spouse details too.

[Tshelar]

Originally Posted by ananth

Thank you for the response.

Based on some research, multiple filing of i-485 is NOT recommeded for the same candidate. Hence I have to request for the link to the pending 485 after I-140 (EB2) approval.

May be as you said, I should not make this request until 1-140(EB2) approved. Just port the old priority date during i-140 and Get it approved. Then, while making the request to link, add my wife's 485 along with that.

Am I correct in my understanding? (sure, will check with atty before filing).

Thanks for the time.

That is correct. Even my preference would be the option 1 but if that is not a possibility which is highly unlikely then you always have an option to file 2 new 485. Normally if you file I-140 in premium processing you will have the outcome from USCIS in max 3 weeks. Mine had got approved in 2 weeks.

[ananth]

Once I-140(EB2) approved, I would like to have my pending 485 approved ASAP. This is my objective.


would it potentially delay my 485 approval if I add my wife's i485 into the picture? (due to finger prining/ medical/ background check or whatever)

or they will be processed independantly and one will not affect the other's timeline ?


The reason why I am asking is, if there is a chance of delay, I would like to consider CP or (usage of 245k) for my wife, pls advise.

Your opinion is highly appreciated. Thanks.