I140 & !485

[kmalar]

I am a single parent, working in NY on H1. My son is 19 yrs old and he is studying in India.

My company is processing my Green card, labor certificate has been approved and as per the recent developments, they want to apply for I140 and I485 together. My only concern is when the process the status change for me in US, how will they do it for my son, he had never been to US, will it be an issue.

My company is insisting that I should submit for myself first later do it for my son, but my fears are if I get approved my H1 will become invalid and he can not visit me at all. So I want to do it for him along with me.

Please advice which the best way, what are the issues in it.

 

[jaxen]

You can add your son later...

Whenever your son can come to US on h4 (while your i140 is pending) you can add him to the GC process.
So you could go ahead and apply for 485 for yourself alongwith 140 now. You will receive the I140 receipt and I485 receipt notices.

When your son is here in US next time, apply for I485 and AP for him . You can add him , as long as I485 has not been approved.
(If you have not applied for his h4, you can do it now.). I485 approval will not come until I140 approval is granted and Finger Printing is done.

You have a genuine problem, since if you opt for CP for your son, he might age out (i.e. 21 age) and might not be eligible to get the green card.