EB2 filing and other questions

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risk_crisp

Registered Users (C)
hi,
My I-485 was filed under EB3 category in March 2004 and like many people on this forum, I am affected by the priority date retrogression. My labor priority date is Sep 2003.
I have the following questions:

1) If my wife(whose I-485 was filed with me) wants to start a new immigration petition can she do that under EB-2 category?

2) We are both in AOS status now. If my wife gets her Labor certification cleared up, can we file for I-140 and I-485 together? What happens to my application then? Can we have two AOS petitions?

3) Is the I-485 aprroval dependent on the Labor priority date or is it dependent on the time when we filed for I-485? What is the average time for approval now?

4) Can I use my EAD card to work in an area completely unrelated to my current job while continuing with my present job?

thanks !
 
risk_crisp said:
hi,

I had a similar situation. Me and my wife filed for 140/485 in May 2004 from NSC thru her EB3. We got all approvals except 485 is pending and we are affected by retrogression since our PD is july 2003.

Meanwhile my EB2 labor was approved from Atlanta. I called my lawyer to ask if I can file a new set of 140/485. He told me that I have to withdraw the existing set since we cannot hold 2 applications for AOS.

I've decided to wait with EB3 instead of filing again with EB2 (that too in Texas). I'll give another 6 months to wait and see if EB3 makes any progress on getting visa numbers.

My I-485 was filed under EB3 category in March 2004 and like many people on this forum, I am affected by the priority date retrogression. My labor priority date is Sep 2003.
I have the following questions:

1) If my wife(whose I-485 was filed with me) wants to start a new immigration petition can she do that under EB-2 category?

2) We are both in AOS status now. If my wife gets her Labor certification cleared up, can we file for I-140 and I-485 together? What happens to my application then? Can we have two AOS petitions?

3) Is the I-485 aprroval dependent on the Labor priority date or is it dependent on the time when we filed for I-485? What is the average time for approval now?

I don't think there is a direct answer after watching some getting quick approvals and others taking a long time. I think the process would be based on RD but the PD has to be current.

4) Can I use my EAD card to work in an area completely unrelated to my current job while continuing with my present job?

If the applicant is the primary, I think any additional number of jobs can be done with EAD, but atleast the primary job has to be the same description applied to DOL and at par with the salary.

thanks !
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hi Sunny,
Thanks for your reply. In case you have to withdraw the EB3 application (that was filed through your wife as the primary applicant), is there a problem with mainatining the status? I mean what happens in the interim period between withdrawal of EB3 and applying with EB2? Did you discuss this aspect with your lawyer?
 
My wife is on H1 for 4 years and she has two more years of validity. We're OK even if we withdraw the applications because none of us are dependant on EAD for working and AP for our status.

I think mainitaining some sort of valid status is important for the process.

risk_crisp said:
hi Sunny,
Thanks for your reply. In case you have to withdraw the EB3 application (that was filed through your wife as the primary applicant), is there a problem with mainatining the status? I mean what happens in the interim period between withdrawal of EB3 and applying with EB2? Did you discuss this aspect with your lawyer?
Click to expand...
 
I think after filing 485 for normal processing, it can be changed to CP by applying a new one and pulling out the existing. Please check with your Attorney.

gousgc said:
Can a person file CP when 485 is pending?
Click to expand...
 
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