Advice required

R

rsrgc

Registered Users (C)
Hi guys

I was very active in this forum a few years back. I guess this was around 2002.

I have a question about a friend of mine.

The person filed for 140 and I-485 simultaneously 6 months back. At the time of filing the I-485 and I-140 only the documents of the primary were filed.

The primary is from India and this is a employment based EB2 application.

Now the I-140 has been approved.

The primary has a son who is currently in India and the son has a H4 visa.

The primary is on H1 visa

When should the primary file the I-485 papers for the son ?.

The lawyers state that since the priority dates are not current and currently the dates are for 2001 the papers of the son (I-485) cannot be filed.

Is the lawyer's response correct.


The fear that the primary (my friend) has is that the Green card of the primary will be processed and if that is approved before filing the I-485 papers of the son this case (of the son) will fall under Family migration and as such family migration takes a long long time.

Going by approximates what do you guys feel ---- the papers of I-140 and I-485 were filed 6 months back.

how long Is INS currently taking for Employment based EB2 from India?

Regards to all of You.

Happy Holidays.
 
From a MurthyDotCom bulletin:


©MurthyDotCom

Spouses / Children

A derivative spouse and the children in employment-based green card cases are assigned the same category and priority date as the primary beneficiary. Their cases follow the same rule requiring visa availability at the time of filing. This creates a variety of problematic situations when the cases for an entire family are not or cannot be filed at the same time. If the spouse and/or children have not filed the I-485, but are in the U.S. and are eligible to do so, they should file while they can. A spouse who is outside the U.S. and unable to proceed with her/his green card case before July 1, 2005, may have to spend more time abroad than anticipated. Anyone with questions about how this matter will affect his or her family should consult with a qualified immigration attorney.

Refer to this bulletin for complete details. (the info is true as of that date but relevant to your questiom)

http://www.murthy.com/news/n_jul05a.html
 
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