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

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Old 06-17-2007, 10:00 PM
Member
Priority Date
:
Apr-04
Category
:
EB2
I140 Mailed Date
:
04/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2007
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Join Date: May 2006
Posts: 86
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Default Which 140 to use for AOS...confused, please help

I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.

Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).

A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.

Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.

Here below is a snapshot of our status:

Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)

My wife - EB2 (Sept 2006) - I-140 Approved

Here are the options we could think of -

I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).

Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.

Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??

In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).

Could you please help out, if you have any ideas!!
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  #2 (permalink)  
Old 06-17-2007, 11:12 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2007
Posts: 1,120
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Default what do your lawyers say about filing two I485s?

Quote:
Originally Posted by softcrowd
I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.

Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).

A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.

Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.

Here below is a snapshot of our status:

Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)

My wife - EB2 (Sept 2006) - I-140 Approved

Here are the options we could think of -

I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).

Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.

Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??

In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).

Could you please help out, if you have any ideas!!
this is being discussed in another thread "485 for working couple"
http://immigrationvoice.org/forum/showthread.php?t=4998 (485 application for working couple)

many people in the same boat: want a few more months (or even years depending on how things go) to decide which I-485 to stick with.

there is a bit of a mixed response from attorneys there. Some are saying only one I-485 can be pending, others say you can have multiple though its not recommended as it might cause delays (Murthy, based on a chat response takes this same stance), yet others say no probs, go ahead and file, you can pick one later (or withdraw one after the other is approved)

Can you get your attorneys opinions on this? (actually both yours as well as yours wife's) and post back to the list? If the attorneys say that its allowed (even if it might cause some delays, as long as its legally allowed) it might make sense to have 2 I-485s pending.
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