PERM-Spouse UK Citizen.

P

passcore

Registered Users (C)
I am a citizen of India currently on my H1B. My wife is a UK citizen and currently holds an H4 visa as a dependent.
I filed for labor certification through the PERM processing about 2 weeks ago in the EB-2 category (MS+2 Years) ;waiting and keeping my fingers crossed! :D

I was told by my company's lawer that since my Wife holds U.K citizenship we would be able to file for I-145 under the EB2 category immediately after my labor is approved since the priority date for U.K citizens is current for EB2.

I have had several issues with my company and so I just wanted a second opinion to make sure this is the case and I would be able to file for I-145 immediately after labor is approved (PERM) because of my spouses U.K citizenship ?

Thanks for all your help!
 
passcore said:
I am a citizen of India currently on my H1B. My wife is a UK citizen and currently holds an H4 visa as a dependent.
I filed for labor certification through the PERM processing about 2 weeks ago in the EB-2 category (MS+2 Years) ;waiting and keeping my fingers crossed! :D

I was told by my company's lawer that since my Wife holds U.K citizenship we would be able to file for I-145 under the EB2 category immediately after my labor is approved since the priority date for U.K citizens is current for EB2.

I have had several issues with my company and so I just wanted a second opinion to make sure this is the case and I would be able to file for I-145 immediately after labor is approved (PERM) because of my spouses U.K citizenship ?

Thanks for all your help!
Click to expand...

Your wife must be born in UK for you to be able to file 485 immeditely after your labor approval.

In other words, she must be having her UK citizenship through her birth in UK for you to be eligible to file 485 without worrying about retrogression.

What matters is country of birth, not country of citizenship.
 
Last edited by a moderator:
Thanks mvinays for your response.

She was born in U.K and got her citizenship by birth. I was not aware of the country of birth issue so thanks once again for that info.

Am in the fifth year of H1 so was getting a lil concerned however as per the other threads that I have read, it should generally take between 7 months to a year to get your GC once 145/485 is filed for
 
passcore said:
Thanks mvinays for your response.

She was born in U.K and got her citizenship by birth. I was not aware of the country of birth issue so thanks once again for that info.

Am in the fifth year of H1 so was getting a lil concerned however as per the other threads that I have read, it should generally take between 7 months to a year to get your GC once 145/485 is filed for
Click to expand...

Good to know. That sounds like a good relief for you.
 
mvinays said:
Your wife must be born in UK for you to be able to file 485 immeditely after your labor approval.

In other words, she must be having her UK citizenship through her birth in UK for you to be eligible to file 485 without worrying about retrogression.

What matters is country of birth, not country of citizenship.
Click to expand...

I have a similar situation with some differences. I was born in Hong Kong ( not sure if this counts as China or SAR), on a H1b visa, filing for Green Card since 2002. I am now going to apply through PERM route and try to keep my PD. My wife is on H1b also and a UK citizen where she was born. Does this mean we can file 485 immediately too once I get my approval? Or, does her H1b visa status complicate matters?

Any advice would be appreciated.
 
Hi Angeleno,

Once you get your labor approved, I believe you can file for your I485/145 concurrently without worrying about retrogression provided you fall under the EB2 category. This is because the priority date for EB2 for UK citizens (your wifes country of citizenship by birth) is current.

I think you should be fine once you get ur perm approved under EB2.

Good luck!
 
PERM - UK Citizen

My case is quite similar to the ones mentioned above. I am an Indian citizen on H1B. I applied in PERM process and have my labor certificate approved. I have already applied for I-140 and should receive it shortly.

My wife is a UK citizen by birth. So can I apply for I-485 right away. Do I do this via my company lawyer who is processing my application?

Please advice when and how, If I can, apply for I-485.
Thanks much.
 
Guys,

There is a thread called Concurrent Filing in I-485 forum.
Using Spouse Citizenship for I-485 is called Cross-Chargeability or something like that.You can go through the Concurrent Filing thread for more information.

Thanks.
SriRam
 
You must log in or register to reply here.
Top