My employer said he is filing my Green Card in EB 2 category , I got my Labor approved and my employer is filing i140 now . Since my wife is Kuwait born and the Priority date is current for EB 2 ROW , Can i file i140 & i485 together ? Note : I am the primary Applicant ( born in India ) . Should my wife file a separate Green Card ?
If your priority date as a native of India is current, then yes, your employer can file the I-140 and you attach the I-1485 package concurrently . your wife's I-485 package can be field and sent at the same time.
Even though at present your priority date as a native of India seems current, there are chances that priority your date might "retrogress" (fall behind & become stuck) anytime in the near future.
Thus, I suggest you ask your employer to tell his attorney to notify USCIS in its petition cover letter that you are requesting that your application (immigrant visa) be charged to the country of birth of your wife, Kuwait, whose quota is always current and never retrogresses. This way you will not be exposing yourself to priority date retrogression risk once the case is filed, something which could delay the approval of your I-485 for a long time..
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .
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