Urgent help: Separate CP option

A

ag28

Registered Users (C)
Hello Gurus
My EB2-NIW got approved for CP. I may get the interview date sometime in Sept/Oct but my wife may not be allowed to travel because of advanced pregnancy. Both of us are on H1 status but have not stamped the visa on passport (after our graduate degrees/OPT). Can I go for the interview in October and she goes for the interview later (March/april 2002) when she would be medically fit. Is this allowed and are there any problems with this.
Any help/advice on this would be greatly appreciated.
Thank you.
 
No Title

Yes.. She could potentially do that. While filing Packet 3, you will have to indicate that she will join you later and then I guess you will submit her Packet 3 when she\'s ready to travel.

Not 100% sure. You want to talk to your attorney.
 
Thanks Moulin

But since both of us are on h1 status but do not yet have the visa stamped, I guess it would be a good idea to file i-485. This way both of us would get EAD/AP and she won\'t have to wait until March/april next year to go to India. Who knows if the rules change, I would have a problem otherwise. My attorney also said that 485 would be a better option for me.
 
No Title

I would agree with you. For one, VSC is going good right now. Second, your PD would propogate to her and would have to remain current at the time that she decides to go for an interview.

Having an EAD/AP would open options for her once she has her baby. If she wants to work part-time, no-time, change jobs etc.. while a H1 (without option to go to H4 since you wont have H1 after CP) would lock her in.
 
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