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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 07-18-2007, 03:59 PM
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Join Date: Jul 2007
Posts: 5
hoosier07 is on a distinguished road
Default I need your opinion about my strategy

Hello guys,

First of all thank you very much for your answers in advance.

I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

So, here are my questions:

Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

I am not planning to change my job. So, would my I-140 have an expiration date?

Do you have any other suggestions? Thank you!

Last edited by hoosier07; 07-18-2007 at 04:01 PM.
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  #2 (permalink)  
Old 07-18-2007, 04:01 PM
Member
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I140 Mailed Date
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N/A
I485 Mailed Date
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Join Date: Jul 2007
Posts: 35
lotta can only hope to improve
Default

Quote:
Originally Posted by hoosier07
Hello guys,

I am not planning to change my job. So, would my I-140 have an expiration date?

Do you have any other suggestions? Thank you!
I-140's do not have an expiration date.
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  #3 (permalink)  
Old 07-18-2007, 04:06 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
11/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: May 2006
Posts: 124
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Default you are ok

As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

Make sure you file your 140 in the regular channels and it should take some time to get approved.

Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

Quote:
Originally Posted by hoosier07
Hello guys,

First of all thank you very much for your answers in advance.

I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

So, here are my questions:

Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

I am not planning to change my job. So, would my I-140 have an expiration date?

Do you have any other suggestions? Thank you!
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Contributed $920 till date
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  #4 (permalink)  
Old 07-18-2007, 04:13 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 494
Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute
Default

As you are from Turkey I think you should not be worried. From Oct 1 new visa numbers would be available and you should be current from then on. Only India, China, Mexico and Philipines are affacted coutries where dates get retrogressed due to unavailability of visa numbers. So you should not worried about your dates being current.
Disclaimer: I am not a lawyer so don't make any decision based on my information.


Quote:
Originally Posted by hoosier07
Hello guys,

First of all thank you very much for your answers in advance.

I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

So, here are my questions:

Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

I am not planning to change my job. So, would my I-140 have an expiration date?

Do you have any other suggestions? Thank you!
__________________
Attended DC advocacy in 2010
Contributed over $200
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  #5 (permalink)  
Old 07-18-2007, 04:21 PM
Senior Member
Priority Date
:
Apr-04
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:
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I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2006
Posts: 158
sodh is on a distinguished road
Default

Quote:
Originally Posted by hoosier07
Hello guys,

First of all thank you very much for your answers in advance.

I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

So, here are my questions:

Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

I am not planning to change my job. So, would my I-140 have an expiration date?

Do you have any other suggestions? Thank you!
Apply I-485 as soon as you are eligible to apply you never know when they change the rules, getting your wife here is in future, she can always educate herself and come to US on H-1 or any other visa just to accompany you, this is just a suggestion decision is yours.
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  #6 (permalink)  
Old 07-18-2007, 04:33 PM
Member
Priority Date
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Feb-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 25
samnay is on a distinguished road
Default my advice..

I have heard that there is a Fiancee visa - K visa or something. Do look into that if you would like to bring in your would-be here before your marriage. To your original question, your strategy sounds cool to me. Marriage etc. are important decisions, that affect you life-long, much more important than stupid GC, work visa etc. I would recommend, follow your strategy, file your I-140 as soon as you can and then wait to get married before you file your 485. Since you are from a non-retrogressed country and EB2, you should not have to worry about backlogs etc. Good Luck.
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