Parallel Green Card processing

Old Jan 29th 2001, 2:31 pm
  #1  
kdas11
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My wife and I are both on H1B and both our employers are processing our green cards. My
Labor certification (EB-2) has been complete and my wife's I-140 (EB-1) is in process.
Given the current downturn of US economy, both of us face the risk of losing our jobs - my
wife more than myself. My questions are:

1. Can both my wife and I file for I-485 after our I-140s get approved adding our spouse's
name in the application, accept the green card using the first approved I-485 and
cancel the other? Alternatively,

2. Can my wife file for an I-485 and I opt for counsular processing, accept the green card
by whichever is first approved and cancel the other application.

Any input will be greatly appreciated. Thanks, Kamal
 
Old Jan 29th 2001, 8:38 pm
  #2  
Stephen Thompson
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I also want to know this...

On Mon, 29 Jan 2001 15:31:56 GMT, [email protected] wrote:

>My wife and I are both on H1B and both our employers are processing our green cards. My
>Labor certification (EB-2) has been complete and my wife's I-140 (EB-1) is in process.
>Given the current downturn of US economy, both of us face the risk of losing our jobs -
>my wife more than myself. My questions are:
>
>1. Can both my wife and I file for I-485 after our I-140s get approved adding our
> spouse's name in the application, accept the green card using the first approved I-485
> and cancel the other? Alternatively,
>
>2. Can my wife file for an I-485 and I opt for counsular processing, accept the green
> card by whichever is first approved and cancel the other application.
>
>Any input will be greatly appreciated. Thanks, Kamal
 
Old Jan 31st 2001, 5:51 am
  #3  
Ingo
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:

>My wife and I are both on H1B and both our employers are processing our green cards. My
>Labor certification (EB-2) has been complete and my wife's I-140 (EB-1) is in process.
>Given the current downturn of US economy, both of us face the risk of losing our jobs -
>my wife more than myself. My questions are:
>
>1. Can both my wife and I file for I-485 after our I-140s get approved adding our
> spouse's name in the application, accept the green card using the first approved I-485
> and cancel the other? Alternatively,

No. You can have only one I-485 pending. However, you can file an I-485 based on your job,
and then if your job falls apart, refile based on your wife's job.

Also, you may want to consider consular filing since it's much, much faster than an I-485.
It's too late for your wife's case, but you still have time to do it - request it on your
I-140 (there is no box on the form; you have to hand-write that request somewhere on the
first page. And be sure to specify a consulate that is in your home country and will issue
immigrant visas).

>2. Can my wife file for an I-485 and I opt for counsular processing, accept the green
> card by whichever is first approved and cancel the other application.

Yes, that should work. I should have read your whole post before writing my response

>Any input will be greatly appreciated. Thanks, Kamal
>
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 

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