Question regarding I-485 vs CP for an unmarried EB2 applicant.


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Hello friends,

I am a un married Indian national with EB2-PD 2009 Jan, currently residing in US with H1B status.

I am planning to get married in November 2011.

I have couple of questions in my mind regarding the GC process.

1) If the PD becomes current in September (like in July 2007) and if I choose to apply for I485 and due to the visa un availability the PD will go back to the old PD;

In that case, can I bring my wife on H4 once I get married and can I include her in the I485 when the dates become current again?

2) After applying for I485, if I choose to stay back in India for a year or so, once the dates become current again, can I apply for my wife’s GC application and myself in the consular processing mode?

Even though the EB2-I becoming current this year is hypothetical, I would really appreciate if some one can through some light on these questions.

I am sure many fellow GC seekers will have similar questions in their mind.

Thanks!!!

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1) It won't, but yes your wife may come on H4 if you hold H1. There is no such thing as "including" her; she will be filing her own petition.

2) In general, you can't apply for your wife, since she has to do it herself. If you do CP, she may apply for AOS if she comes to the US after your approval. She of course needs to come in some sort of non-visitor status. This does not seem practical to me.

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