Filing I-140 and I-485: wife and son abroad

[OKCT]

My Labor certification (PERM) is approved much faster than I expected. My employer is soon filing I-140. I can file I-485 as the priority date is current.

My wife and son are abroad for summer. They will be back in 2.5 months.

I am wondering if I can send my I-485, I-765 and other forms like Advanced Parole now with the I-140 and send those of my wife and child later once they come back to the US?

Or I would let the employer file I-140 and send I-485 of we all later once they come? Can we do that? or we will have to wait for the approval of I-140 once we don't send I-485 along with the I-140?


Please suggest me.

 

[ginnu]

My Labor certification (PERM) is approved much faster than I expected.
My employer is soon filing I-140. I can file I-485 as the priority date is current.

My wife and son are abroad for summer. They will be back in 2.5 months.

I am wondering if I can send my I-485, I-765 and other forms like Advanced Parole now with the I-140 and send those of my wife and child later once they come back to the US?
------------- that is ok
Or
I would let the employer file I-140 and send I-485 of we all later once they come? Can we do that?
------- you can do that
or we will have to wait for the approval of I-140 once we don't send I-485 along with the I-140?
----------- one can file I-485 with I-140 filing reciept

Please suggest me.

**** better file your I-485, EAD, AP with I-140 and you will get I-485 filing reciept. when wife and child reach US then file derivative I-485 for child and wife.

 

[jazzyb]

I hope your wife and son do not have to go for Visa stamping in your country.
If not then it is good for you to file I-485 now.
Just my view but I am not attorney.

My Labor certification (PERM) is approved much faster than I expected. My employer is soon filing I-140. I can file I-485 as the priority date is current.

My wife and son are abroad for summer. They will be back in 2.5 months.

I am wondering if I can send my I-485, I-765 and other forms like Advanced Parole now with the I-140 and send those of my wife and child later once they come back to the US?

Or I would let the employer file I-140 and send I-485 of we all later once they come? Can we do that? or we will have to wait for the approval of I-140 once we don't send I-485 along with the I-140?


Please suggest me.

 

[Axxe]

My Labor certification (PERM) is approved much faster than I expected. My employer is soon filing I-140. I can file I-485 as the priority date is current.

My wife and son are abroad for summer. They will be back in 2.5 months.

They were planning on returning? So they either have H4 stamps, or planned on getting one. So they still can do it - and they do not need any advance parole to enter.

Dual status. But they would need to carry I485 receipts. Though anybody i asked - nobody cared for them on entry.

But ask lawyer. Also - I140 seem to go within a month now, no harm in filing if you decide to wait. And AP comes out in one month - you can just get it and mail it to them, I would think it is pretty safe.

 

[OKCT]

I'm sorry, I did not mention the status things. Yes, I am in H1B visa. They were with me in H4 visa but not visa stamped on passport. They'll be going for H4 visa stamp on passport before the enter the US. I have sent them all required materials for that purpose.

Thank you so much.

 

[Axxe]

I'm sorry, I did not mention the status things. Yes, I am in H1B visa. They were with me in H4 visa but not visa stamped on passport. They'll be going for H4 visa stamp on passport before the enter the US. I have sent them all required materials for that purpose.

Thank you so much.

Of course filing 485 for them implies they need to do medical - which is rather hard to do remotely.

So my guess is you should just get your 140 while they are away anyway.. I would not risk filing 485 by yourself - you may just get approved before filing theirs.. And then you are screwed.

I am not an attorney.