ramram2010 Posted September 19, 2013 Report Posted September 19, 2013 Me and my wife work for a same company and we both have approved I140. My wife's PD is Aug 2010/EB2 and my PD is Sep 2011. Both of us are in h1b and we have past 6 years limit. Most probably my wife's PD will become current first ( I know it is not going to happen in the near future !!! ). Now, when my wife's PD becomes current, can I appy as derivative even though I am not on H4. Will it impact my LC or approved I140 ? It would be great if someone could clrify this...
JoeF Posted September 19, 2013 Report Posted September 19, 2013 Sure you can file an I-485 as dependent.
ramram2010 Posted September 20, 2013 Author Report Posted September 20, 2013 Thanks for the reply Joe. Do I need to do any special paper work to prove that I am a derivative sinc eI am not in H4. Also, I had another part in my initial question. If I apply as a derivative of my wife, wi it impact my LC/approved I140. Wil they get cancelled.
JoeF Posted September 20, 2013 Report Posted September 20, 2013 Thanks for the reply Joe. Do I need to do any special paper work to prove that I am a derivative sinc eI am not in H4. Also, I had another part in my initial question. If I apply as a derivative of my wife, wi it impact my LC/approved I140. Wil they get cancelled. For an I-485 as dependent, is is completely irrelevant if you are in H1 or H4 or some other status. The only thing needed is to show that you qualify as dependent. The marriage certificate shows that.
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