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Eb2IAug012009

Can my wife and me file I-485 based on my priority date when I am not working for the company who started my green card process?

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I am from India and worked for a company A and they started green card processing for me in EB2 and both perm and I-140 approved with priority date Aug 1st 2009. I haven't filed my I-485 yet. Recently, I joined for a company B and this company not started my green card process yet and it may take another year to start the process. My wife is working for company C and she has priority date Jun 2013 in EB3. If my date (Aug 1st 2009) becomes current in EB3, can my wife and me file I-485 based on my I-140 with priority date Aug 1st 2009?

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You should discuss this complex situation with a Lawyer. It may mean converting to H4 EAD if your spouse is in H1 status and then having B do a concurrent filing later on assuming dates are still current.

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1. Yes both spouse and you can file i 485 (individual applications) as long as you have the marriage certificate. If spouse is on H1, still she could file along with you. No need to convert from H1 -> H4. If spouse is working on H4 Ead, even then she could apply together.

2. Reg. new company starting your gc, you might get gc even before company B files gc.  I think just submit I 485 J form

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@directory0818 I don't think OP can use previous employer's I140 to file his I-485.   Because, I-140 is employer specific.  That's why when employee changes job, the new employer have to file PERM and I-140 from fresh.

Spouse is a derivative beneficiary of primary beneficiary's GC, so spouse does not need to change status from H1 to H4 or viceversa.

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That's true, as per my understanding I cannot file I-485 even if my date (Aug 1st 2009) is current, as I am not working for company A any more.  FYI, I have two I-140 approvals with this priority date (initial one in EB3 and later on EB2). My primary question is, Is there anyway for my wife to use my priority date to file I-485 (making her as primary applicant and me as dependent) if my priority date is current in EB2 or EB3? FYI, My wife is on H1 and she has EB3 India PD June 2013.

If not, in case my date is current before I-140 approved from current employer (Company B), did I loose the chance to file I-485 as I moved away from company A? Are there any other options to file I-485?

 

Edited by Eb2IAug012009

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On 4/2/2018 at 2:24 PM, Eb2IAug012009 said:

That's true, as per my understanding I cannot file I-485 even if my date (Aug 1st 2009) is current, as I am not working for company A any more.  FYI, I have two I-140 approvals with this priority date (initial one in EB3 and later on EB2). My primary question is, Is there anyway for my wife to use my priority date to file I-485 (making her as primary applicant and me as dependent) (No, your wife's petition as primary is different and cannot use your PD for her petition even though you are a derivative beneficiary) if my priority date is current in EB2 or EB3? FYI, My wife is on H1 and she has EB3 India PD June 2013.

If not, in case my date is current before I-140 approved from current employer (Company B), did I loose the chance to file I-485 as I moved away from company A? Are there any other options to file I-485? You will not loose chance to file I-485 even you move to a different employer, unless USCIS retrogress dates.  your PD should be earlier than Final approval date as shown in Visa bulletin.  People who have PD in 2000 can also apply now for AOS if they have approved I-140 and a job with an employer. 

 

 

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