Filing EB2 and Using Husband Nationality PD??

[Nitecruiser]

Hi All,

I need some advise.
My status is an H4, and my wife status is H1B with PD of March 2003 (EB3 CHINA).
I am from Indonesia and my wife is from China.
Please let us know what you all think of our plan:

My wife will apply EB2, for position change, and by using my nationality (Indonesia; which is current PD) to apply I-485. That way, I can apply my working permit at the same time.

What do you think?

Thank you!

 

[andy garcia]

Hi All,

I need some advise.
My status is an H4, and my wife status is H1B with PD of March 2003 (EB3 CHINA).
I am from Indonesia and my wife is from China.
Please let us know what you all think of our plan:

My wife will apply EB2, for position change, and by using my nationality (Indonesia; which is current PD) to apply I-485. That way, I can apply my working permit at the same time.

What do you think?

Thank you!

Cut-off date for China in EB2 is 22APR05. She can usa China if she gets labor EB2 approed. No need to use Indonesia.

 

[Nitecruiser]

^^^ Understand that she can use EB2 China.
However, the current PD for EB2 China is 22 APRIL 2005. Then, she has to wait for her PD to get current. I am sure that will take years.

I mean if she uses my nationality (spouse nationality) to apply I-485, then she can submit it right away, since the PD for Indonesia is current.

 

[andy garcia]

^^^ Understand that she can use EB2 China.
However, the current PD for EB2 China is 22 APRIL 2005. Then, she has to wait for her PD to get current. I am sure that will take years.

I mean if she uses my nationality (spouse nationality) to apply I-485, then she can submit it right away, since the PD for Indonesia is current.

In your post, you are saying that her PD is March 2003

Have she applied for I140 with that labor cert or it has not been approved yet?

 

[belacut]

In your post, you are saying that her PD is March 2003

Have she applied for I140 with that labor cert or it has not been approved yet?

What Andy said is, if your wife gets the EB3-I140 approved. She can brings the EB3 PD to the EB2. That makes you current. Or yes, you can take advantage to use the changeability for your indo "place of birth" for filing the I485.