Can I file I-140, 485 for my wife

needgchelp

Registered Users (C)
Based on my EB3 GC application my wife and I got EAD couple of months back, my I-140 is approved. My wife staretd working on EAD.

Now since EB3 485 visa is unavailable and to be on safer side, I want to file I-140, I-485 for my wife as she falls under schedule A program, she being in medical profession, where there is no retrogession. What should I do? Can I file her I-140, I-485 w/o filing for her H1 (before she was on H4) as she already has started working on EAD. please advise.
 
needgchelp said:
Based on my EB3 GC application my wife and I got EAD couple of months back, my I-140 is approved. My wife staretd working on EAD.

Now since EB3 485 visa is unavailable and to be on safer side, I want to file I-140, I-485 for my wife as she falls under schedule A program, she being in medical profession, where there is no retrogession. What should I do? Can I file her I-140, I-485 w/o filing for her H1 (before she was on H4) as she already has started working on EAD. please advise.

I think filing I-140 for your wife is a good option considering the fact that you won't know your I-485 PD update before Sept end.
 
pralay thanks for the reply. What I meant to ask was ; do I need to get H1 for my wife who already is working on EAD (based on my Eb3 GC application)in order to file I-140, 485 applications on her schedule A basis?
 
needgchelp said:
What I meant to ask was ; do I need to get H1 for my wife who already is working on EAD (based on my Eb3 GC application)in order to file I-140, 485 applications on her schedule A basis?

No, there is no such requirement.
 
question

TheRealCanadian said:
No, there is no such requirement.

Friends,

Is there any chance of I-485 application rejection even after I get EAD?
I recentley applied my 140&485.

What are the chances? is anybody know some reaons??

Regards,
LB.
 
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