I need your help in understanding my options. My wife's and my attorney (hired by our respective employers) have differing views on the topic. One seems to be more logical than the other.
Problem:
- My priority date is March 2002, but my I-140 got approved a month ago.
- My wife's priority date is Jan 2007. Her labor got approved (PERM) before me and hence received her I-140 much before me.
- We applied for AOS (I-485) based on her application (when they allowed everybody, whose labor was approved, to apply last year in July/August time frame) and subsequently got the EAD.
But now that my labor and I-140 is approved and the dates are getting retrogressed, my application is suddenly becoming more attractive. This is where the lawyers disagree as how to proceed from here
Differing Attorney Views:
My attorney: He asked us to request my wife's attorney to submit my approved I-140 to USCIS and ask them to use that instead of my wife's. This sounds very logical and straightforward
My wife's attorney: He said that he cannot submit my I-140 and advised us to file a fresh (second AOS, not withdrawing my wife's AOS application) AOS.
My attorney (in response): He said that there is no such thing called second AOS application or transfer of AOS from my wife's name to my name. He feels we should submit my I-140 and ask USCIS to us that instead of my wife's I-140 or withdraw my wife's application and submit a fresh one on my behalf (because it seems it is not advisable to have two simultaneous applications - I kind of agree with him).
Your help: Please let me know if any of you have come across such a problem and can offer me any advice
Problem:
- My priority date is March 2002, but my I-140 got approved a month ago.
- My wife's priority date is Jan 2007. Her labor got approved (PERM) before me and hence received her I-140 much before me.
- We applied for AOS (I-485) based on her application (when they allowed everybody, whose labor was approved, to apply last year in July/August time frame) and subsequently got the EAD.
But now that my labor and I-140 is approved and the dates are getting retrogressed, my application is suddenly becoming more attractive. This is where the lawyers disagree as how to proceed from here
Differing Attorney Views:
My attorney: He asked us to request my wife's attorney to submit my approved I-140 to USCIS and ask them to use that instead of my wife's. This sounds very logical and straightforward
My wife's attorney: He said that he cannot submit my I-140 and advised us to file a fresh (second AOS, not withdrawing my wife's AOS application) AOS.
My attorney (in response): He said that there is no such thing called second AOS application or transfer of AOS from my wife's name to my name. He feels we should submit my I-140 and ask USCIS to us that instead of my wife's I-140 or withdraw my wife's application and submit a fresh one on my behalf (because it seems it is not advisable to have two simultaneous applications - I kind of agree with him).
Your help: Please let me know if any of you have come across such a problem and can offer me any advice