I-485 Filing


zeusdlord

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Hello,

I was told by my employer that I need to wait for my Priority date (17-June-17 on EB2/India) to become current before i apply for I-485. But some friends suggested to take Immigration lawyers opinion to apply for I-485 and get EAD for spouse since I-485 priority (processing date) is different than PERM Priority date. I am totally confused. With my current situation, getting EAD for my spouse will help us to handle our current job situation. Please advise. 

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On 3/11/2019 at 9:17 AM, zeusdlord said:

Hello,

I was told by my employer that I need to wait for my Priority date (17-June-17 on EB2/India) to become current before i apply for I-485. But some friends suggested to take Immigration lawyers opinion to apply for I-485 and get EAD for spouse since I-485 priority (processing date) is different than PERM Priority date. I am totally confused. With my current situation, getting EAD for my spouse will help us to handle our current job situation. Please advise. 

To apply for EAD for spouse, you do not need to file I-485. You need to have I-140 approved. I assume you have that already. Go for that!

If your priority date is June 2017, and you are EB-2 India or EB-3 India, it will be a while (at least five years) to file I-485.

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