Apply 485 as a derivative of approved GC or on own

G

GMC92

Registered Users (C)
Experts on this please help us in our dilemma.

I'll be done with my waiver job in JULY. As the dates are current, my labor is approved with PD of 5/2005 and approved I-140, I am prepared to file 485 in beginning of AUG.

However my husband had his EB3 GC approved this week. I did not file 485 with him because of J1 visa and waiver job. ( We were married before he applied his I-140 and his 485 and he mentioned my name in his app).

Which way would be easier and faster? Did anyone face this situation. I really appreciate your opinions
 
GMC92 said:
Experts on this please help us in our dilemma.

I'll be done with my waiver job in JULY. As the dates are current, my labor is approved with PD of 5/2005 and approved I-140, I am prepared to file 485 in beginning of AUG.

However my husband had his EB3 GC approved this week. I did not file 485 with him because of J1 visa and waiver job. ( We were married before he applied his I-140 and his 485 and he mentioned my name in his app).

Which way would be easier and faster? Did anyone face this situation. I really appreciate your opinions
Click to expand...

Waht is the PD of your husband. If his PD is very diffrent from yours then it may be better to file as derivative. If his PD is not very far from yours then since you are in EB2 apply your won.

If you file as derivative then you are free to join any job and you don't have to stick around the employer who filed yoru LC.
 
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