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Concurrent Filing question
Info - I am currently on an H1B visa and my wife is on F-1, starting her OPT in May. She only gets 12 months since it is not stem. My company is currently starting the EB3 process for me and gathering documents for the PERM. Action dates for visa numbers are current for EB3 category, but not for spouse category
Question - If I get my PERM approved, can I concurrently file my I-485 (Change of status) with the company I-140, and also file for my wife at the same time? Or do we have to file her I-130 separately and file her I-485 (Change of status) when a visa number is available for her? I have heard from different sources saying I can include her name in my I-485 (Change of status) and have both of us approved at the same time but my lawyer says otherwise.
Also, does she need to change status back to H4 from F1 before filing for green card?
Question - If I get my PERM approved, can I concurrently file my I-485 (Change of status) with the company I-140, and also file for my wife at the same time? Or do we have to file her I-130 separately and file her I-485 (Change of status) when a visa number is available for her? I have heard from different sources saying I can include her name in my I-485 (Change of status) and have both of us approved at the same time but my lawyer says otherwise.
Also, does she need to change status back to H4 from F1 before filing for green card?
