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TarunVerma

Need Suggestion on GC

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Hi, I am from India and in US on H1B VISA which is scheduled to expire in Sept 2012. I have not applied for GC yet but now my employer suggested to apply for the same. As per the guidelines from my employer, I am eligible for EB3 category.

My wife is also on H1B visa, works for different employer but her employer does not file GC for anyone. she has 4 Yrs bachelor's degree and around 6+ years of experience (4 Yrs with current employer and 2 Yrs with other).

Since I am from India, it will take forever to get GC under EB3. With this situation, I am thinking to follow the steps below to get GC soon.

Apply EB3 with my current employer, include my wife too on that as dependent. After couple of years or so, once I-140 is approved, have my wife changing the job with the employer who can file EB2 for her. Then port my PD in her application and include me too on that as dependent and get GC processed under EB2.

However, I am not sure if this is inline with USCIS rules and what could be possible hurdles. Would anyone please let me know on this. And even if this approach would not work, appreciate if someone can help me to come up with most quicker way to get GC processed, with the given situation described in first two paras above.

Thanks

Tarun

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please consult a lawyer.

you cannot port your PD to your spouse's GC application.

Originally posted by TarunVerma:

Hi, I am from India and in US on H1B VISA which is scheduled to expire in Sept 2012. I have not applied for GC yet but now my employer suggested to apply for the same. As per the guidelines from my employer, I am eligible for EB3 category.

My wife is also on H1B visa, works for different employer but her employer does not file GC for anyone. she has 4 Yrs bachelor's degree and around 6+ years of experience (4 Yrs with current employer and 2 Yrs with other).

Since I am from India, it will take forever to get GC under EB3. With this situation, I am thinking to follow the steps below to get GC soon.

Apply EB3 with my current employer, include my wife too on that as dependent. After couple of years or so, once I-140 is approved, have my wife changing the job with the employer who can file EB2 for her. Then port my PD in her application and include me too on that as dependent and get GC processed under EB2.

However, I am not sure if this is inline with USCIS rules and what could be possible hurdles. Would anyone please let me know on this. And even if this approach would not work, appreciate if someone can help me to come up with most quicker way to get GC processed, with the given situation described in first two paras above.

Thanks

Tarun

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