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140 & 485 while Spouse is in India

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  • 140 & 485 while Spouse is in India

    Dear Friends,
    My Wife has got a H4 visa interview date for September end.

    My labour has been approved for EB2.

    Is it advisable to apply for 140 & 485 Right away before EB2 category retrogesses?

    OR

    Should I wait for my wife to come to US and then both of us could apply together?

    Any suggestion would be very helpful to take a decision.

  • #2
    Don't Wait!!!!

    Apply right away!!!! Your application must reach the INS Service Center on or before Sept 30. The I-140 will take 4 months to get approved. Then your I-485 will be processed. During all this time, you will be on H1B status, and your wife can easily get an H4 visa. Once she arrives, you can file her I-485 too.

    So, in short, filing the 140 and 485 wil not change your visa status for the next few months. There is no way you can receive the GC before her visa interview. So relax, and apply. Your wife can utilize your H1B status to get a visa.

    If you wait for her to arrive, you may have to wait several months (years?) for the dates to become current again.

    Comment


    • #3
      I am also in the same boat, but I140 has approved, do you know, what did you do?
      my wife has three year H4 visa.
      thx
      immihelf

      Originally posted by EB2
      Dear Friends,
      My Wife has got a H4 visa interview date for September end.

      My labour has been approved for EB2.

      Is it advisable to apply for 140 & 485 Right away before EB2 category retrogesses?

      OR

      Should I wait for my wife to come to US and then both of us could apply together?

      Any suggestion would be very helpful to take a decision.

      Comment

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