485 filing options

L

letsdoit

Registered Users (C)
Hi,

Both I and my wife are on TN now. My PD for EB2 is 2006/08. Her EB3 is 2006/10. We can file 140 and 485 due to the latest development of retrogression. We can file individually, and/or as a dependent of the other. It seems to me that being a dependent has a huge advantage. One doesn't have to stick to the same/similar job, can be self employed and etc. Is it better to file as a dependent?

Another thing is if it retrogresses again and I don't file as a principle applicant, can GC still be approved with my wife's date well after the cut-off date?

Thanks,
 
These number are bound to retrogress. EB3 will definitely, so your EB2 is a better bet to remain clear from now till processing.

There is nothing preventing you from both filing 2 I-485s, of course.

In answer to your question. If dates retrogress before the priority date, the i-485 cannot be approved. Cut-off daates affect both the ability to file I-485 and ability to approve I-485.

I bet you wish you had filed I-140 already, why the wait. Now there is little chance you will get GC this year, unlers you file Premium on I-140 (even then premium on I-140 will be suspended due to heavy demand).
 
nelsona said:
I bet you wish you had filed I-140 already, why the wait. Now there is little chance you will get GC this year, unlers you file Premium on I-140 (even then premium on I-140 will be suspended due to heavy demand).
Click to expand...

Thanks for the answer. I didn't fill 140 because that I am a little bit of afraid that it conflicts with TN status. I read that it shouldn't be, but I didn't want to take any small chance.

Another question about EAD, are I able to get 2 EAD, one for me as a principle applicant of 485 and the other as a dependent of my wife's 485. This way I get more flexibility to get another part-time side job.
 
letsdoit said:
Thanks for the answer. I didn't fill 140 because that I am a little bit of afraid that it conflicts with TN status. I read that it shouldn't be, but I didn't want to take any small chance.

Another question about EAD, are I able to get 2 EAD, one for me as a principle applicant of 485 and the other as a dependent of my wife's 485. This way I get more flexibility to get another part-time side job.
Click to expand...

You will not be able to get 2 EADs. EAD is flexible anyways, so why do you worry? It is not employer specific.
 
I talked to my lawyer. She told me two things,

. I can't file 485 because I am on TN. Her argument is TN can't have dual intent. After I file 485, it conflicts with TN. It might run into troubles during interview.

. If I fill myself, I can't file as a dependent of my wife. That confuses the uscis.

Is she right?
 
letsdoit said:
I talked to my lawyer. She told me two things,

. I can't file 485 because I am on TN. Her argument is TN can't have dual intent. After I file 485, it conflicts with TN. It might run into troubles during interview.
Click to expand...

-- She is WRONG. You can file for I-485 while on TN. That's what I did and got my green card. (Just make sure that you have enough room on TN so that you can keep working before you get you EAD.)

letsdoit said:
. If I fill myself, I can't file as a dependent of my wife. That confuses the uscis.

Is she right?
Click to expand...

--- Why would it confuse USCIS? Am I missing anything? Here also, I think your lawyer is wrong.
 
bigboy00 said:
-- She is WRONG. You can file for I-485 while on TN. That's what I did and got my green card. (Just make sure that you have enough room on TN so that you can keep working before you get you EAD.)



--- Why would it confuse USCIS? Am I missing anything? Here also, I think your lawyer is wrong.
Click to expand...

That lawyer is in way over her head. Can she even spell AOS?
 
I talked to both my wife's lawyer and mine. They all told me that I can't file 2 485 for the same person. If I file as a principle, I can't be a dependent of her 485. Both refused to do it unless they are shown some legal document to support it. So my got two choices,

1. file independently. One might take longer to get GC than the other one.
2. file only one and add spouse as the dependent. Should it have any problem, then we are forced to move back to Canada. I am not sure if a new TN would be a problem because we applied 485 before. At this point, her 140 is still valid, presumably we can apply CP from Canada. But we have to abandon the house and jobs in US before we move back.

Any suggestion?
 
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