I-140 + Consular processing


Vijjai

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EB3 Application

Priority Date: Apr 2003

I140 approved

Pending 485

Wife is not included

EB2 Application

Applied Nov 2011

New Employer (using EAD - No H1)

PERM approved

Waiting to apply I-140 (Lawyer says I can only do CP - Consular Processing)

Wife in F1 visa (taking summer break and in India)

Question

1) Can I apply I-140 premium processing with CP option while my wife is in India?

2) Will I jeopardize her F1 Visa status by adding her name in I-140 application? Can she enter the country and continue her studies while application pending?

3) Meanwhile if I my old EB3 application become current can I add her using her F1 status?

Thanking You in advance for your answer.

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