Upcoming Wedding - Should I file my I140/485 Concurrently now?

S

SKK2004

Registered Users (C)
Hi all,

After almost three years of wait time, finally, the online status check website showed that my pending labor has been certified! I am waiting for the original papers to arrive in the mail!

Since the priority dates are current for July, I have a couple of questions to the 'gurus' of these forums. I am slated to get married at the end of August in India and will be back in US (with spouse) around second week of September.

1. Can I file my I140/485 (of course, assuming I get all the original copies and have all my documents ready) prior to my trip and then add/amend my 485 application to include my wife, after coming back from my trip?

2. Should I simply wait until I come back from my India trip and hope the dates remain current?

Please advise. Your opinion is highly appreciated and will help in making a decision. Thanks in advance!

SK
 
Wait for the LC hard-copy to arrive and if you proceed with concurrent filing, you gain on the AOS benefits for yourself. You have to maintain H-1B status for re-entry. After your return the you can interfile your wife's I-485 provided your receipt notice was received and the PD remains current.

Other option is to wait for your marriage and file together provided the PDs remain current.
 
Last edited by a moderator:
manwithnoname said:
Wait for the LC hard-copy to arrive and if you proceed with concurrent filing, you gain on the AOS benefits for yourself. You have to maintain H-1B status for re-entry. After your return the you can interfile your wife's I-485 provided your receipt notice was received and the PD remains current.

Other option is to wait for your marriage and file together provided the PDs remain current.
Click to expand...

Thanks for the reply. I am trying to get an answer frrom my attorney about the implications on my H1 (which is valid until Aug 2009) status and the future H4, if I file either just 140 or both 140 and 485 together. Whether my 140 is filed/approved will have any bearing on the H4 that my wife is going to apply for?

Bottomline is I want to make it hassle-free re-entry for both, me and my wife, when we fly back.

Other interesting thing is that my attorney brought up the option of consular processing. I haven't been provided enough information on this yet. Would like to explore that too. Any insight/comments are appreciated very much! Thanks again!
 
I don't think I-140 will have any impact on the H-4. Yes, Consular processing is definitely another viable option. Please read here for details.
 
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