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

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  #1 (permalink)  
Old 06-12-2007, 08:33 PM
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Default I-485 Dilemma

Hi All,
My wife and I applied for separate GC. Priority Date for her is March 2005 ( GC through old process, consulting company) - EB2. Priority Date for me is May 2005 ( GC through old process) - EB3 http://immigrationvoice.org/forum/im...milies/mad.gif
- yes my company sucks. My question is if both of our priority dates become current which one should I go with? Also is there any priority for EB2 over EB3 once I-485 is filed?

Thanks,
G.
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  #2 (permalink)  
Old 06-12-2007, 08:55 PM
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gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute gc_chahiye has a reputation beyond repute
Default

Quote:
Originally Posted by gpurusho
Hi All,
My wife and I applied for separate GC. Priority Date for her is March 2005 ( GC through old process, consulting company) - EB2. Priority Date for me is May 2005 ( GC through old process) - EB3 http://immigrationvoice.org/forum/im...milies/mad.gif
- yes my company sucks. My question is if both of our priority dates become current which one should I go with? Also is there any priority for EB2 over EB3 once I-485 is filed?

Thanks,
G.
How is your May 2005 EB3 PD by 'old process'? I thought PERM was mandatory from March 2005.

There is anecdotal evidence that pre-PERM most apps were in EB3 and post-PERM (when retrogression also came about) more apps were in EB2. So the likelyhood of the EB2 date remaining current long enough for you to get to a GC seems higher than EB3.

I would go with the EB2 one if I were in your place. The only other concern is that the sponsoring company must be around for 180 days post 485 filing (so you can jump on AC21)
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  #3 (permalink)  
Old 06-12-2007, 08:56 PM
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Default Similar situation

Go with both, one set of 485s and another for CP. Perhaps the 485s on the EB2 as it is the most likely to benefit you guys.

A really crappy immi system though! How horrible is it that we have to think like this.

Between myself and my wife we have four(4) 140 petitions approved/pending. We are both productive people with no dependents each of whom who can immigrate on our own merits. We are a bargain for this country. So called model immigrants. Haven't even bothered with an "anchor baby" as we aren't ready................period. Yet we go through this crap.

Alas, country of origin, luck of the draw, and other such intangibles matter more that any of our strengths. It stinks to the high heavens, but it is the immigration policy of the day and we have to live with it. The irony of it all is if the rest of the systems in this country were to be on par with the immigration system, then we would not need to immigrate here!

Last edited by alterego; 06-14-2007 at 10:58 PM.
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  #4 (permalink)  
Old 06-12-2007, 09:43 PM
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Default

Quote:
Originally Posted by gpurusho
Hi All,
My wife and I applied for separate GC. Priority Date for her is March 2005 ( GC through old process, consulting company) - EB2. Priority Date for me is May 2005 ( GC through old process) - EB3 http://immigrationvoice.org/forum/im...milies/mad.gif
- yes my company sucks. My question is if both of our priority dates become current which one should I go with? Also is there any priority for EB2 over EB3 once I-485 is filed?

Thanks,
G.
This isn't really a dilemna. It's a no-brainer that you should go with your wife's GC since she's EB2. The problem with going with your PD is that EB3 can retrogress much more than EB2. BTW, I am assuming her job is as stable as yours.

I don't think it makes any sense for you and your wife to pursue individual GCs where one applies for AOS or and the other for CP. Where does that leave the spouse if one application gets processed?

Thanks,
Jayant
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  #5 (permalink)  
Old 06-13-2007, 01:38 PM
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gpurusho is on a distinguished road
Default Correction to the initial post

My wife's PD is March 2005 (EB2, old process)
My PD is May 2005 (EB3 PERM Process)
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  #6 (permalink)  
Old 06-13-2007, 01:42 PM
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Default

Interesting topic. I am not in the same boat yet, but could be in few months if EB2 India moves faster. Is there a restriction that you can only file one 485 per individual?

TIA
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  #7 (permalink)  
Old 06-13-2007, 01:52 PM
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Default

Quote:
Originally Posted by samnay
Interesting topic. I am not in the same boat yet, but could be in few months if EB2 India moves faster. Is there a restriction that you can only file one 485 per individual?

TIA
One person can have only ONE 485 (AOS) or CP application. This is irrespective of whether you are the primary or the secondary applicant. Which is why it makes sense to go with that application that has a lesser chance of retrogression; EB2 in the case of gpurusho.

Thanks,
Jayant
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  #8 (permalink)  
Old 06-13-2007, 01:59 PM
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Default

Quote:
Originally Posted by PD_Dec2002
One person can have only ONE 485 (AOS) or CP application. This is irrespective of whether you are the primary or the secondary applicant. Which is why it makes sense to go with that application that has a lesser chance of retrogression; EB2 in the case of gpurusho.

Thanks,
Jayant

Thanks Jayant! That was helpful response. I guess I will have an option to consider AOS next time if my wife's PD becomes current.

Edit: I think I misinterpreted your response. So, one person can only have either one AOS or one CP but not both at any given time, correct?

Thanks again.

Last edited by samnay; 06-13-2007 at 02:01 PM.
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  #9 (permalink)  
Old 06-13-2007, 03:07 PM
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Default

Quote:
Originally Posted by samnay
Thanks Jayant! That was helpful response. I guess I will have an option to consider AOS next time if my wife's PD becomes current.

Edit: I think I misinterpreted your response. So, one person can only have either one AOS or one CP but not both at any given time, correct?

Thanks again.
One person can only have either one AOS or one CP but not both at any given time. My lawyer confirmed this.

Thanks,
Jayant
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  #10 (permalink)  
Old 06-13-2007, 03:26 PM
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Default amending i485

I have EB3-i140 approved and i485 pending. Can we amend pending i485 with new EB2-i140? So that we can have one i485.

Any thoughts...
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  #11 (permalink)  
Old 06-13-2007, 03:35 PM
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Default I did not follow can u tell in our situation ?

Myself and my wife both are EB2 PD with Oct 2004.

We work for Neworking company very stable in Bay area. Can I apply on 485 route and my wife apply on CP,

Such that I will apply for her on 485, and she will sponsor me for CP.

Is this legally possible ?.

1 Suppose let us say - we run into issues in CP, can we still continue with 485

2. Both myself and my wife have been with the same employer for many years (myself 8 years), my wife 3 years).

Will this help too ?
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  #12 (permalink)  
Old 06-13-2007, 03:41 PM
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Default

Quote:
Originally Posted by immi2006
Myself and my wife both are EB2 PD with Oct 2004.

We work for Neworking company very stable in Bay area. Can I apply on 485 route and my wife apply on CP,

Such that I will apply for her on 485, and she will sponsor me for CP.

Is this legally possible ?.

1 Suppose let us say - we run into issues in CP, can we still continue with 485

2. Both myself and my wife have been with the same employer for many years (myself 8 years), my wife 3 years).

Will this help too ?
Answer to 1 above - No You cannot.
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  #13 (permalink)  
Old 06-13-2007, 03:42 PM
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PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough
Default

Quote:
Originally Posted by immi2006
Myself and my wife both are EB2 PD with Oct 2004.

We work for Neworking company very stable in Bay area. Can I apply on 485 route and my wife apply on CP,

Such that I will apply for her on 485, and she will sponsor me for CP.

Is this legally possible ?.

1 Suppose let us say - we run into issues in CP, can we still continue with 485

2. Both myself and my wife have been with the same employer for many years (myself 8 years), my wife 3 years).

Will this help too ?
One person can only have either one AOS or one CP but not both at any given time. This is irrespective of whether you are the primary or the secondary applicant.

If you apply as a primary on your AOS and add your wife as a secondary (beneficiary), then neither of you can be in CP or AOS anywhere else.

Does this help?

Thanks,
Jayant
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  #14 (permalink)  
Old 06-13-2007, 04:06 PM
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samnay is on a distinguished road
Default

Quote:
Originally Posted by PD_Dec2002
One person can only have either one AOS or one CP but not both at any given time. This is irrespective of whether you are the primary or the secondary applicant.

If you apply as a primary on your AOS and add your wife as a secondary (beneficiary), then neither of you can be in CP or AOS anywhere else.

Does this help?

Thanks,
Jayant
Dude, thanks for sharing your knowledge. One more thing, if you know, suppose you run into any issues/ RFE etc. in your first AOS, can you withdraw it and file the other one using your spouse's PD?
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  #15 (permalink)  
Old 06-13-2007, 04:22 PM
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PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough
Default

Quote:
Originally Posted by samnay
Dude, thanks for sharing your knowledge. One more thing, if you know, suppose you run into any issues/ RFE etc. in your first AOS, can you withdraw it and file the other one using your spouse's PD?
You can assuming the PD is current for your spouse. Also, for the situation you mentioned it's a good idea for your spouse to maintain the H-1B status (even if he/she has an EAD from your I-485 application) so he/she won't be out of status if your 485 application runs into problems.

All said and done, I-485 is about your information. Submit the correct documents and you should be fine. Scan these forums to find out why others have received RFEs and make sure you don't repeat their mistakes.

Good luck.

Thanks,
Jayant
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