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Immigration Issues/Green card for wife | Apply separately or jointly?

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Question
I am on L1A and my company just filed a I140 on Eb1. My wife is on L1B and her company is willing to sponsor her green card but it will most likely be Eb2.

Should she apply separately with her company or should we wait for my I140 approval and then apply for her green card also with me? Or should we do both?

Answer
Hi,

Your wife is not independently eligible for EB1 as she is in L1B status: http://www.h1b1.com/lcmultinational.htm

Your wife is automatically included in your EB1 case. There is no harm if her employer separately supports her for EB2 or EB3, since she is still covered in your EB1 sponsorship automatically as well. Thus, she can adjust status along with you even if her employer supports her as well for sponsorship in EB2 or EB3. General information about employer sponsorship categories is here: www.h1b1.com/employmentbased.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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