Spain-I140 pending past 7 months


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PD: Nov 2014, Spain

I140 accepted: Oct 2015, in 203 B3 AII classification

I485 accepted (self+spouse): Oct 2015 (concurrent)

EAD/AP approved (Self + spouse): Jan 2016

My visa staus: H1

Spouse visa status: L1A (7 years max work/stay due: September 2016)


What is the best/safest/fastest option for our GC and my spouse to continue working in the USA? What are the pros and cons of that option?

I-485 based EAD (this means job continuity, but risk of going out of status if my I-140 is approved, but one of us have I-485 denied (God forbid) for some reason)

Convert my I-140 to premium, expect approval before June 2016. Spouse to travel to Canada and get H4 stamped. Apply for I-140 based EAD, expect approval before September 2016 (This means 3 months without job for my spouse, but not impacted by I-485 application status). Does this also mean faster I-485 processing, since my PD is current for Spain? Is there a restriction on L1A + H4 EAD max stay/work?

Spouse’s company to apply for EB1-C with concurrent I-140, I-485, EAD, AP for both me and spouse, before June 2016. - Not sure of the timelines and complications here, because we already have an EAD/AP approved (not used) and already have an I-485 pending.

Any other option?

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Case update: I 140 petition approved

No reason to believe I 485 would be denied. I 485 was filed concurrently with i140 and has been pending since October 2015. How long does it take for 485 approval after i140 approval? Does it still make sense to not let go of spouse's eb1 given quick overall turn around time ?

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Thank you Sir.

My name in my birth certificate is different than my passport. That's the reason I'm little worried. I was born in Spain so it would be difficult for me to get it updated now.

I've my I-140/EAD/AP approved by now. I'm waiting just for the last step I-485.

My husband is planning to switch to I-485 EAD since very soon he will be running out of his current visa. So we wanted your opinion if you think there could be any risk in I-485 approval due to name mismatch.

Thank you so much


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