Immigration Issues/I-485

Advertisement


Question
Dear Ajay,

I've been in this country for almost 14 years and still struggling for my Green Card. After many years I can see light at the end of the tunnel since my Labor Cert got approved. I would like your advise on one important matter. My wife got her Labor Cert approved in 1998 but her I-140 was rejected after that we could not find a employer for her.
After 4 yrs I filed my Labor in Oct 2002 We are using her priority date to save us under 245i.  I would like to know if we can cross-use her priority date  from 1998 for my I-485 filing and expedite it any sooner or is it not feasible. Please advise I'll be really Thankful to you.

Best Regards,
Anil Chawla


Answer
Dear Anil,

You and your wife are both covered under sec. 245(i) based on your wife's labor cert. filing.

You can file your I-140 now based on your approved labor. You and your wife will then file I-485's when a visa becomes available with priority date of Oct. 2002 (unfortunately, you cannot use the priority date of 1998).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.