140 urget question, please read!

[allaboutgc]

Hi,

Here is our story.

We are from a retro-country. In September my husband had a LC pending at the Backlog Center and we did not know when it would be approved.

In order to catch the 10/1 deadline, I filed 140 in the NIW category and both my husband and I filed 485 (so in this case, I am the principle applicant and my husband is the dependent).

To our surprise, my husband's LC was approved recently. He is planning to file a 140 based on his approved LC as he is not sure the fate of our NIW filing.

In the 140 form, part 4 and question 6, the question is "Has any immigrant visa petition ever been filed by or on behalf of this person?".

Should my husband answer YES or NO to this question?

He did NOT file 140 before, but his name -IS- listed in my 140 application (part 7). And he also filed 485 as a dependent of me. In this case, how should we answer the above question? If he needs to say yes, would my 140 filing mess up with his 140 filing?

Thank you so much for your answer.

 

[howdy_howdy]

allaboutgc:

I think here is what you guys should rightaway:

1. Withdraw your NIW & yours and your husband's I485 petitions
immediately. Once these are withdrawn,

2. Apply for I140 (regular using LC) for your husband and keep extending
h1's and h4's for your husband & you respectively, until your husband's
PD becomes current.

Needless to say, if the time taken between 1 and 2 is too long, keep yourselves in status by extending h1's and h4's.

You may run into problems - I have read in
some forums - if you are not eligible for NIW.

Hope this helps.

I am not a lawyer and not planning one to be in the near future.
Please act at your own risk; hiring a competent attorney will be
a good idea.

//