Concurrent Filing Question! Gurus !Help!

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gc_when2004

Registered Users (C)
Is there a way to file 140/485, EAD and AP concurrently with my wife's absence in US for her? I'm expecting the Labor certification some time in nov'04 and the same time she is planning to attend her sister's wedding in India. :confused:

Gurus, Please advise on this!!
 
I think for the AP to be filed the person has to be in the US at least at the time of filing.

Rgds,

Yeppo
 
gc_when2004 said:
Is there a way to file 140/485, EAD and AP concurrently with my wife's absence in US for her? I'm expecting the Labor certification some time in nov'04 and the same time she is planning to attend her sister's wedding in India. :confused:

Gurus, Please advise on this!!
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The answer to your question is no, since a person has to be physically present in US at the time of filing I-485. And since you cannot file AP and EAD without filing I-485, the question of filing these does not arise.


P.S. - You do not file I-140 for spouse (dependent), only primary applicant files I-140. If she is the primary applicant then her company can file her the I-140 without her presence in US.
 
File I-485 just for her later when she comes back. You need not delay your I-485/I-140 just for that.
 
Thanks for responses!

I think best approach in my case is to come back quickly from trip and file together.. I appreciate all your responses.
 
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