Question on spouse filing an EB2 GC.

[ajaysri]

Hi, both me and my wife are working on EAD. I am the primary applicant(EB3, PD OCT 2004) and my wife is the dependent beneficiary. Both of us filed I-485 in July 2007. My wife's company intends to file a EB2 Green Card for her. Can some one please answer the following questions.

1) can a new GC be filed for her OR are there any restrictions?
2) What would be the priority date? 2012 or 2004?
3) I-485 : This is a gray area for me.
Will we have to file new I-485 cases once the I-140 is approved?
What happens to the current I-485 that is in process?
Can we have 2 I-485's going in parallel?

Thanks,
Ajaysri

[sareesh]

Please see below.

1) Yes, She can file for a new GC.
2) You have option to port.
3) Yes, you have to apply for new I-485 because she will be primary and you will be dependent.
you can have parallel I-485s. (Not sure, but I think you have to withdraw other application once your wife's application is approved).

If you are serious about new EB2 application please consult an attorney.

Thanks,
SG.

[SVS]

Hi, both me and my wife are working on EAD. I am the primary applicant(EB3, PD OCT 2004) and my wife is the dependent beneficiary. Both of us filed I-485 in July 2007. My wife's company intends to file a EB2 Green Card for her. Can some one please answer the following questions.

Let me start off by saying that it would be best to consult a lawyer before you venture into something like this.

1) can a new GC be filed for her OR are there any restrictions? 2) What would be the priority date? 2012 or 2004? - The priority date would be the day her labor is filed, so if she doesn't already have an approved labor, it's going to be 2012 date.
3) I-485 : This is a gray area for me.
Will we have to file new I-485 cases once the I-140 is approved? - Yes, this is a new petition, so there will be a new labor, new I-140 and new I-485 petitions,
What happens to the current I-485 that is in process? - It's hard to say, I've heard of cases where USCIS combines the paperwork and uses the date that favors the petitioners and then there are cases where they ask you to withdraw one petition - basically you can't be a primary and a dependent at the same time
Can we have 2 I-485's going in parallel?

Thanks,
Ajaysri

[kishore.salla]

1) can a new GC be filed for her OR are there any restrictions?
YES - NO Restrictions what so ever

2) What would be the priority date? 2012 or 2004?
2012 on I-140 Receipt notice, Ask for porting while applying I-140 itself.
You will get 2004 on I-140 approval notice.

3) I-485 : This is a gray area for me.
Once her EB2 I-140 clears, Interfile i-485's with the newly approved EB2 I-140

4) Will we have to file new I-485 cases once the I-140 is approved?
NO

5) What happens to the current I-485 that is in process?
Will continue

6) Can we have 2 I-485's going in parallel?
NO, thats creates lots of confusion with USCIS, Delaying everything..

Thanks,
Ajaysri

[Amman]

Originally Posted by ajaysri

Hi, both me and my wife are working on EAD. I am the primary applicant(EB3, PD OCT 2004) and my wife is the dependent beneficiary. Both of us filed I-485 in July 2007. My wife's company intends to file a EB2 Green Card for her. Can some one please answer the following questions.

1) can a new GC be filed for her OR are there any restrictions?
2) What would be the priority date? 2012 or 2004?
3) I-485 : This is a gray area for me.
Will we have to file new I-485 cases once the I-140 is approved?
What happens to the current I-485 that is in process?
Can we have 2 I-485's going in parallel?

Thanks,
Ajaysri

as per as I know for
#2 - Your wife can't use your priority date (2004), so her priority date will be 2012

[ajaysri]

Thanks Guys. Since we are on adjustment of status, if we are asked to drop one I-485, dropping the current 485 may make us out of status and we will loose our working status? Looks like it is tricky and not straight forward..

Thanks,
Ajaysri