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Immigration Issues/Applying for Spouse's 485


Dear Sir,

Can you please help me with this question?

I applied for my I-140 and AOS concurrently this year under EB2. I received my EAD Card and my I-140 status says received and pending. I also received my advance parol and had my finger prints taken. My wedding is due in mid 2008.
Until when can I add my spouse to my Green Card process?
Can I opt not to avail my EAD and advance parol until a later point in time? I still have two years left to complete my first six years of H1.

Also, Is it required that my priority date be current to apply for my spouse's 485? Or since my application is already with USCIS, will this be treated as an ammendment independent of the priority date? My priority date is in Feb 2007.

Kindly advise.

Many thanks,

Your spouse will become eligible as a derivative if the marriage takes place anytime prior to your approval as a permanent resident.
You do not need to file an EAD or AP since you are in H status.
Your priority date needs to be current to file for your spouse's 485. Therefore, you may need to hold on to your H status.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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